IC-NKLI- 20 blD MONWEALTH OF MASSACHUSETTS BULLETIN OF THE BOARD OF EDUCATION 15, NUMBER 7 WHOLE NUMBER, 44 REVISED LAWS RELATING TO PUBLIC INSTRUCTION Enacted by the Legislature of November 21, 1901, to take effect January 1, 1902; also Subsequent Amendments and Additions from 1902 1914 inclusive, and Other Laws of Interest to School Authorities BOSTON WEIGHT & POTTER PRINTING CO., STATE PRINTERS 32 DERNE S.TREET 1015 GIFT OF REVISED LAWS OF Sitr (mmu0mitralth itf f RELATING TO PUBLIC INSTRUCTION ENACTED BY THE LEGISLATURE Nov. 21, 1901, TO TAKE EFFECT JAN. 1, 1902, WITH SUBSEQUENT AMENDMENTS AND ADDI- TIONS FROM 1902 TO 1914, INCLUSIVE; ALSO OTHER LAWS OF INTEREST TO SCHOOL AUTHORITIES. SPECIAL RESOLVE. LAWS RELATING TO PUBLIC INSTRUCTION AND REGULATIONS KESPECTING CHILDREN. THE BOARD. OF EDUCATION. [Acts of 1909, Chapter 457.] AN ACT TO CONSOLIDATE THE BOARD OF EDUCATION AND THE COMMISSION ON INDUSTRIAL EDUCATION. ^^^Xi MEMBERS. SECTION 1. The board of education shall consist of nine persons, Board of edu- ree of whom shall annually in April be appointed by the governor, appointment, th the advice and consent of the council, for terms of three years, term f ffice '. xcept as hereinafter provided. The members of the board shall etc ' serve without compensation. During the month of June in the cur- rent year the governor shall so appoint all of said nine members of the board, whose terms of office shall begin on the first day of July, nineteen hundred and nine, three for terms ending May first, nine- teen hundred and eleven, three for terms ending May first, nineteen hundred and twelve, and three for terms ending May first, nineteen hundred and thirteen. Four of the present members of the board of education, and one of the members of the commission on industrial education shall be appointed members of the board of education provided for by this act. POWERS AND DUTIES. SECTION 2. The board of education shall exercise all the powers Powers and and be subject to all the duties now conferred or imposed by law duties - upon the present board of education, or upon the commission on industrial education by chapter five hundred and five of the acts of the year nineteen hundred and six and by chapter five hundred and seventy-two of the acts of the year nineteen hundred and eight, and acts in amendment thereof and in addition thereto, except as may otherwise be provided herein. 1 COMMISSIONERS, DEPUTY COMMISSIONERS, AGENTS, CLERKS, TRAV- ELLING EXPENSES, ETC. SECTION 3. (As amended by chapter 282, Acts of 1910, chapter 466, Commissioner Acts of 1911, chapter 80, Acts of 1912, and chapter 421, Acts of 1913.) app The board shall appoint a commissioner of education whose term of etc.- 1 Chapter 471, Acts of 1911, takes the place of the chapters mentioned in this section. See page 74 of this pamphlet. 381331 PUBLIC INSTRUCTION. [Chap. 39. Deputy com- missioners, etc. Expenses of board. Terms of office of present members to expire. Repeal. When to take effect. office shall be five years, and may fix his salary at such sum as the governor and council shall approve. Said commissioner may at any time be removed from office by a vote of six members of the board. He shall exercise the powers and perform the duties now conferred or imposed by law on the secretary of the board of education. He shall be the executive officer of the board, shall have supervision of all educational work supported in whole or in part by the common- wealth, and shall report thereon to the board, and, when so author- ized by the board, may approve bills for expenditures from appropri- ations and funds placed under the direction of the board. The board shall also appoint two deputy commissioners, one of whom shall be especially qualified to deal with industrial education. The powers, duties, salaries and terms of office of said deputy commissioners shall be such as may be established from time to time by the board, but the board may, by a vote of six members thereof, remove from office at any time either of said deputy commissioners. The board may be allowed for rent, salaries of the commissioner, the deputies, agents, assistants and clerical service, and for travelling and other necessary expenses of the commissioner, the deputies, agents, and of the board incurred in the performance of their official duties, such sum as shall be appropriated by the general court annually, payable out of the treasury of the commonwealth. SECTION 4. See section 6 of chapter 89, Revised Laws, page 5 of this pamphlet. SECTION 5. The terms of office of the present members of the board of education and of the commission on industrial education shall expire July first, nineteen hundred and nine, and said commis- sion shall then cease to exist. SECTION 6. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 7. This act, so far as it provides for the appointment of the members of the board of education during the month of June, nineteen hundred and nine, shall take effect upon its passage and it shall take full effect on the first day of July, nineteen hundred and nine. SECTION 1. this pamphlet. [Revised Laws, Chapter 39.] See chapter 457, Acts of 1909, page 3 of Board of edu- cation, secre- tary of. 1837, 241, 2. 1847, 183, 1. 1849, 215, 1. G. S. 34, 4. P. S. 41, 4. 103 Mass. 98. [SECRETARY, J ] AGENTS AND CLERKS. SECTION 2. (As amended by chapter 234, Act 8 of 1904-) The board may appoint a [secretary *], who, under its direction, shall make the abstract of school returns required by the provisions of section seven, shall collect and distribute information respecting the condition and efficiency of the public schools and other means of popu- 1 Commissioner of Education; see section 3 (as amended), chapter 457, Acts of 1909, page 3 of this pamphlet. Chap. 39.] THE BOARD OF EDUCATION. 5 lar education, and the best system of studies and the best method of instruction. The board may also employ Board of edu- such assistants or agents, and may provide such clerical SS'SpSSS' of and messenger service as may be necessary: provided, iSSyaSfn? that the total expense for salaries incurred under this }f|; Jf; f ^ 3 section shall not exceed twenty thousand dollars annually, G 5 s' 4 3 9 4 -' 8 and that the allowance for travelling expenses of employees J 8 g' j^ 2 '- under the direction of the board shall not exceed three ises! 246. thousand dollars annually. Such agents shall not be pe- Agents of cuniarily interested, directly or indirectly, in the publica- iSSss?, 22. tion or sale of any text book, school book or article of Sef/IS. 8 9 ' school supply used in the public schools of this common- f 8 - 9 |- ^ 9 - wealth. Sections 3 and 4 are repealed by chapter 234, Acts of 1904. INCIDENTAL EXPENSES. Section 2 of chapter 234, Acts of 1904, provides as follows: The incidental expenses of the board and the travelling and other necessary expenses of the members thereof, incurred in the pa id. ' performance of their official duties, shall be paid by the common- 1838 - 55> wealth. G. S. 34, 10. P. S. 41, 10. 1895, 132. 1901, 262. GRANTS FOR EDUCATIONAL PURPOSES. SECTION 5. The board may take and hold, in trust for the commonwealth, a grant or devise of land, or a gift or bequest of money or other personal property made to it for educational purposes; and shall forthwith pay it over p;f;| 4 f '||.' or deliver it to the treasurer and receiver general, who shall invest such money in the name of the commonwealth and, on the warrant of the governor, pay to the board the income or principal thereof, as it shall require; but no disposition shall be made of any gift, bequest or devise which is inconsistent with its conditions or terms. The treasurer and receiver general shall be responsible upon his bond to the commonwealth for the faithful manage- ment of all property so received by him. SECTION 6. (As amended by section 4, chapter 457, Acts of J^e formof 1909.) The board shall prescribe the form of census required census^ etc. by the provisions of section three of chapter forty-three, isss! 105! 5-7! of registers to be kept in the public schools and of returns IIS; 209.' ' to be made by school committees; shall annually, on or p.*a*tl*f before the third Wednesday of January, make to the gen- 1898 496> 13 - eral court a report containing a printed abstract of said PUBLIC INSTRUCTION. [Chap. 39. Duties of secretary. 1849, 215, 1. 1858, 61. G. S. 34, 5. P. S.41, 5. 1901, 112. Same subject. 1838, 159, 1. 1842, 42. G. S. 34, 6. P. S. 41, 6. returns, like returns of the schools in charge of the board, and a detailed report of all the doings of the board, to- gether with a detailed report of all receipts and expendi- tures, with observations upon the condition and efficiency of the system of public education and suggestions in re- gard to the most practicable means of improving and ex- tending it. The records of the doings of the board shall be open to public inspection. DUTIES OF THE [SECRETARY 1 ]. SECTION 7. The [secretary 1 ] shall suggest improve- ments in the present system of public schools to the board and to the general court; shall visit, as often as his other duties will permit, different parts of the commonwealth for the purpose of arousing and guiding public sentiment in relation to the practical interests of education; shall col- lect in his office such school books, apparatus, maps and charts as can be obtained without expense to the common- wealth; shall receive and arrange in his office the reports and returns of the school committees; and shall receive, preserve or distribute the state documents relative to the public school system. He may also publish for general distribution such parts of the annual report of the board and such other matters as he may consider best adapted to promote the interests of public school education, if the expense thereof is paid out of the appropriation for the incidental and contingent expenses of the board and does not in any one year exceed five hundred dollars. SECTION 8. He shall, under the direction of the board, give sufficient notice of and attend such meetings of teach- ers of public schools, of members of the school committees of the several towns and of friends of education generally in any county as may assemble at the time and place des- ignated by the board; and shall at such meetings devote himself to collecting information relative to the condition of the public schools of such county, the fulfilment of their duties by the school committees of all the cities and towns, and the condition of the towns in regard to teach- ers, pupils, books, apparatus and methods of education, with a view to enabling him to furnish all information desired for the annual report. Section 9 is repealed by chapter 234, Acts of 1904. 1 Commissioner of Education. See footnote, page 4 of this pamphlet. Chap. 39.] THE BOARD OF EDUCATION. NORMAL SCHOOLS. SECTION 10. (As amended by chapter 79, Acts of 1912.} The board shall have the general management of the state normal schools and the boarding houses connected there- P. s. 41, '12. with, and money appropriated for their maintenance may be expended under its direction. The receipts from pupils boarded in halls maintained at normal schools shall be paid into the treasury of the commonwealth monthly, and so much thereof as is necessary to pay the expenses of wages, food and supplies for dormitories and kitchens shall be paid therefrom upon approved schedules accom- panied by vouchers in the same manner that other claims against the commonwealth are paid; and all receipts from other sources shall be paid into the treasury of the com- monwealth monthly as a part of the general revenue of the commonwealth. The auditor of the commonwealth shall exercise the same direction of all accounts kept at normal schools as is authorized by section four of chapter five hundred and ninety-seven of the acts of the year nine- teen hundred and eight. The principals of the several nor- mal schools shall be bonded in amounts to be approved by the board of education. PUPILS FROM OTHER STATES AND FOREIGN COUNTRIES. In addition to the preceding provisions, chapter 65, Resolves of 1902, provides as follows: That the state board of education is hereby authorized to receive in the state normal schools pupils from other states and from foreign countries upon the payment of tuition fees; and also to receive in said schools upon the payment of tuition fees such a number of properly qualified teachers or persons intending to be teachers, from Porto Rico, Cuba, Guam, the Sandwich Islands and the Philippine Islands, as they may deem expedient, and to distribute them in such a manner among the several schools aforesaid as will avoid an excessive demand upon, or serious inconvenience to, the existing facilities and equipment of the schools. MODEL AND PRACTICE SCHOOLS. SECTION 11. The cities of North Adams, Fitchburg Practice and Lowell and the town of Barnstable shall each agree i894,457, 6,7. in writing with the board to provide suitable and sufficient 1896> 133t school buildings and model and practice schools in connec- tion with the training departments of the state normal schools therein. The board may, at the request of a city PUBLIC INSTRUCTION. [Chap. 39. or town in the vicinity of said state normal schools, agree in writing with such city or town for the maintenance of practice schools therein in connection with such normal schools, and may provide for the payment of a portion of the compensation of the supervising teachers employed in such practice schools. The treasurer and receiver general shall receive all money payable under said agreements and shall expend it under the direction of the board for the purposes specified in this section without an appropriation therefor. Sections 12, 13, 14, 15 and 16 are repealed by chapter L, Acts of 1904. AGRICULTUBAL EDUCATION IN THE STATE NORMAL SCHOOL AT NORTH ADAMS. Chapter 257, Acts of 1908, provides as follows: SECTION 1. The state board of education is hereby authorized to make provision for agricultural education in the normal school at North Adams : provided, that the city of North Adams shall contrib- ute the free use for ten years of land suitable for the purpose. SECTION 2. A sum not exceeding twenty-five hundred dollars shall be allowed and paid from the treasury of the commonwealth for the establishment of the said department and its maintenance during the current year. 1 Statistics as to pupils, in- struction, etc. 1867, 123, 1. P. S. 41, 13. blanks for, to be prepared. 1867, 123, 2. P. S. 41, 14. U. S/Rev. Sts., 516. RETURNS OF PRIVATE AND OTHER EDUCATIONAL INSTITU- TIONS. SECTION 17. The trustees, officers or persons in charge of literary, scientific or professional institutions of learn- ing, incorporated, supported or aided by the common- wealth, and of all reform schools, almshouses or private educational institutions shall annually, on or before the first day of June, make a report in writing to the board, of such statistics as it shall prescribe, relative to the num- ber of pupils and instructors, courses of study, cost of tui- tion, and the general condition of the institution or school under their charge. SECTION 18. The board shall prepare blank forms of inquiry for such statistics, and shall annually, on or before the tenth day of May, send the same to every such insti- tution or school. Said forms shall be prepared with refer- ence to the requirements of the bureau of education estab- lished by the government of the United States. 1 Expenses now provided for in the annual State appropriation. Chap. 39.] THE BOARD OF EDUCATION. EDUCATION OF THE DEAF AND BLIND. SECTION 19. The governor may, upon the request of _ the parents or guardians and with the approval of the ||jg' 311, 4. board, send such deaf persons as he considers proper sub- iseo! 333! jects for education, for a term not exceeding ten years, P. s. 4i,'i6. but, upon like request and with like approval, he may Iff?; 179] continue for a longer term the instruction of meritorious iftgjile! pupils recommended by the principal or other chief officer of the school of which they are members, to the American School, at Hartford, for the Deaf, in the state of Con- necticut, to the Clarke School for the Deaf at Northamp- ton, to the Horace Mann School at Boston, or to any other school for the deaf in the commonwealth, as the par- ents or guardians may prefer; and with the approval of the board he may, at the expense of the commonwealth, make such provision for the care and education of children who are both deaf and blind as he may deem expedient. No distinction shall be made on account of the wealth or poverty of such children or their parents. No such pupil shall be withdrawn from such institutions or schools ex- cept with the consent of the authorities thereof or .of the governor; and the expenses of the instruction and support of such pupils in such institutions or schools, including their necessary travelling expenses, whether daily or other- wise, shall be paid by the commonwealth; but the parents or guardians of such children may pay the whole or any part of such expense. SECTION 20. The board shall direct and supervise the supervision education of all such pupils, and shall state in its annual iseVsff.l 3*' report the number of pupils so instructed, the cost of their Pt S- 41 ' 17 ' instruction and support, the manner in which the money appropriated by the commonwealth therefor has been ex- pended and such other information as it considers impor- tant. SECTION 21. The board shall have the same super- Admission, vision over the admission to, and instruction of pupils in, fortheSiiiS 1 the Perkins Institution and Massachusetts School for the ??< of board. Blind as it now exercises over the instruction of the deaf 1885> 118> under the provisions of the two preceding sections. 10 PUBLIC INSTRUCTION. [Chap. 40. Teachers' insti- tuted, meetings 1846, 99, 1. 1848, 10. 1849, 62. G. S. 35, 1. P. S. 42, 1. 1896, 186. expenses of. 1846, 99, 3. 1854, 300, 3, 4. Res. 1850, 65. G. S. 35, 2. 1873, 292, 1. 1876, 47, 4. P. S. 42, 2. length of session, and expense of. 1846, 99, 2. 1849, 62. 1852, 216. G. S. 35, 3. P. S. 42, 3. Payment to county teach- ers' associations, 1848, 301, 1. G. S. 35, 4, 5, 1864, 58, 1, 2. 1880, 93. P. S. 42, 4. to Massa- chusetts Teachers' Association. Res. 1880, 30. P. S. 42, 5. TEACHERS' INSTITUTES AND ASSOCIATIONS. [Revised Laws, Chapter 40.] SECTION 1. If twenty-five teachers of public schools in at least three contiguous towns desire to form a teach- ers' institute, the board of education shall, by a commit- tee, by its [secretary *] or, in case of his inability, by such person as it may delegate, appoint a time and place for such meeting and make suitable arrangements therefor. SECTION 2. An amount not exceeding three thousand dollars may annually be paid [from the half of the income of the Massachusetts school fund not apportioned for dis- tribution to towns] to defray the necessary expenses and charges and to procure teachers and lecturers for such institutes. (The phrase enclosed in brackets in the preceding section is rendered void by chapter 456, Acts of 1903.) SECTION 3. The board of education may determine the length of the session of such institute, and may apply not more than three hundred and fifty dollars from the amount authorized by the provisions of the preceding section, to meet the expenses thereof. SECTION 4. (As amended by chapter 383, Acts of 1904, and chapter 260, Acts of 1905.) If a county association of teachers and others holds an annual meeting of not less than one day for the express purpose of promoting the interests of public schools, it shall, upon filing with the board of education a certificate, under oath, of its presi- dent and secretary that a meeting has been so held, receive fifty dollars from the commonwealth. Section 5 is repealed by section 2, chapter 260, Acts of 1905. SECTION 6. Subject to the approval of the board of education, three hundred dollars shall annually be allowed and paid [from the half of the income of the Massachu- setts school fund not apportioned for distribution to towns] to the president or treasurer of the Massachusetts Teach- ers' Association, to be applied to the purposes of said association. (The phrase enclosed in brackets in the preceding section is rendered void by chapter 456, Acts of 1903.) 1 Commissioner of Education. See footnote, page 4 of this pamphlet. Chap. 41.] SCHOOL FUNDS. 11 SCHOOL FUNDS. [Revised Laws, Chapter 41.] MASSACHUSETTS SCHOOL FUND. SECTION 1. The present school fund of the common- School fund. wealth, such additions as may be made thereto and any nly *' money received by the commonwealth from the govern- Rfl'.n^iV. ment of the United States, the disposition of which is not as.fe 3 /! i. otherwise provided for, shall constitute a permanent fund, J^J^yj to be called the "Massachusetts School Fund." The prin- cipal thereof shall not be diminished, and the income shall be appropriated as hereinafter provided. SECTION 2. The sum of one hundred thousand dollars provision shall annually be paid from the treasury of the common- Res. 1394, 90. wealth into said fund, until the principal thereof amounts to five millions of dollars. l COMMISSIONERS OF THE FUND. SECTION 3. The [secretary 2 ] of the board of education , , , iini ers to manage and the treasurer and receiver general shall be commis- and report sioners, who shall invest and manage the fund, and report isTS, 2. annually to the general court the condition and income ! I.' II', f L' thereof. The premiums on any securities purchased for J, 86 |- g- 2 said fund, to an amount not exceeding in any one year 189 o. 335, 2. fifty thousand dollars, may be paid from any money in the treasury of the commonwealth, not otherwise appro- priated. All investments shall be made with the ap- proval of the governor and council. DISTRIBUTION OF THE INCOME OF THE FUND. Sections 4 an d 5 are repealed, and chapter J^.56 of the Acts of 1903 provides in place thereof as follows: SECTION 1. The annual income of the Massachusetts School ^f^^ U o f on Fund shall, without specific appropriation, be apportioned and dis- isssfmffz. tributed for the support of the public schools in the following man- ^| -^ 87. 3 ner: Every town which complies with all laws relative to the isss! 96, ' 2. ' distribution of said income and whose valuation of real and personal ^s. 3&, 2. property, as shown by the last preceding assessors' valuation there- i866,'2os.' of, does not exceed one half million dollars, shall annually receive }^9, m. five hundred dollars; but if its rate of taxation for any year shall be 1 Dec. 31, 1907, the Massachusetts School Fund amounted to $5,000,000. 2 Commissioner of Education. See footnote, page 4 of this pamphlet. 12 PUBLIC INSTRUCTION. [Chap. 41. 1874, 348, 1,2. P. S. 43, 3. 1884, 22. 1891, 177. 1893, 272. School fund, apportion- ment of in- come of. R. S. 23, 66, 67. 1846, 223 5. 1849, 117, 2, 3. G. S. 36, 3. 1867, 98. eighteen dollars or more on a thousand dollars it shall receive seventy-five dollars additional; every such town whose valuation is more than one half million dollars and does not exceed one million dollars shall receive three hundred dollars; and every such town whose valuation is more than one million dollars and does not exceed two million dollars shall receive one hundred and fifty dollars; and every town whose valuation is more than two million dollars and does not exceed two and one half million dollars shall receive seventy- five dollars. The remainder of said income shall be distributed to towns whose valuation does not exceed two and one half million dollars, and whose annual tax for the support of public schools is not less than one sixth of their whole tax for the year, as follows : Every town whose school tax is not less than one third of its whole tax shall receive a proportion of said remainder expressed by one third; every town whose school tax is not less than one fourth of its whole tax shall receive a proportion expressed by one fourth; every town whose school tax is not less than one fifth of its whole tax shall receive a proportion expressed by one fifth; and every town whose school tax is not less than one sixth of its whole tax shall receive a proportion expressed by one sixth. All money appropriated for other educational purposes, unless otherwise provided for, shall be paid from the treasury of the commonwealth. SECTION 2. The income of said fund which has accrued on the thirty-first day of December in each year shall be apportioned by the commissioners of the Massachusetts School Fund in the manner provided for by section one of this act, and shall be paid to the several towns on the twenty-fifth day of January thereafter. USE OF THE INCOME OF THE SCHOOL FUND. SECTION 3. The sums received by any town under the provi- sions of this act shall be held by the town treasurer and shall be expended only for expenses in maintenance of the public schools authorized by the school committee, in accordance with existing laws; and it shall be the duty of the treasurer to keep a separate account of all sums so received and expended, and the school com- mittee shall make an annual report to the state board of education, in such form as may be prescribed by said board, of the amount received during each year, the amount expended from such receipts, the purpose for which such expenditures have been made, in detail, and the balance, if any, remaining unexpended. And whenever it appears that, in the opinion of the state board of education, the sums paid to any town have not been used in whole or in part in accord- ance with the provisions of this section, or that they have not been held and accounted for separately, or that the report thereof herein required has not been made, the commissioners of the school fund are hereby authorized to withhold, as they may deem advisable, the whole or any part of the future allowances otherwise falling to such town under the provisions of this act. Chap. 41.] SCHOOL FUNDS. 13 CERTAIN CONDITIONS WITH WHICH TOWNS MUST COMPLY IN ORDER TO RECEIVE A PORTION OF THE MASSACHU- SETTS SCHOOL FUND. SECTION 6. (As amended by chapter 340, Acts of 1913.) No such apportionment and distribution shall be made to be withheld ,.,, .., , i . j from certain to a town which has not maintained a school as required towns. T i . i . , . 1834, 169, 3. by section one 01 chapter forty-two ; or which, it contain- 1335, iss, i. ing the number of families or householders required by ! ii 30! 1 3 6 ' section two of said chapter, has not maintained, for at Hl^ \*l' t 1 2; least thirty-six weeks during the year, exclusive of vaca- Jf 7 | 43 4> 5 L tions, a high school such as is mentioned therein; or which jf'o* 18 ^ c? 4 ' has not made the returns required by sections five and six 5i7.] P ' " of chapter forty-three, and complied with the laws relative to truancy; or which has not raised by taxation for the support of public schools which are authorized or required by law, including the wages of teachers, the transporta- tion of school children, fuel, the care of fires, school rooms and school premises, supervision, text books and supplies, and school sundries or incidentals, but excluding altera- tions of school buildings other than repairs, and construc- tion of schoolhouses during the school year embraced in the last annual returns, an amount not less than three dollars for each person between the ages of five and fifteen years resident in such town on the first day of September of said school year. SECTION 7. The income of said fund shall be applied ^g^JS^ by the school committees of the towns receiving it to the ^ y |^ s 4 ' support of the. public schools therein; but said committees p.'s.'43,'e.' may apply not more than twenty-five per cent thereof to the purchase of books of reference, maps and apparatus for the use of said schools. TOWNS MUST COMPLY WITH ALL THE SCHOOL LAWS IN ORDER TO RECEIVE ANY PART OF THE MASSACHUSETTS SCHOOL FUND. Chapter 107 of the Acts of 1904, provides as follows: SECTION 1. No town shall receive any part of the income of the Massachusetts School Fund unless it shall have complied, to the satisfaction of the board of education, with all laws relating to the public schools. FUND MUST NOT BE USED FOR COMPENSATION OR EXPENSES OF SCHOOL COMMITTEES. SECTION 2. No part of the income of the Massachusetts School Fund shall be used for payment of the compensation or expenses of members of school committees. 14 PUBLIC INSTRUCTION. [Chap. 42. TODD NORMAL SCHOOL FUND. Todd fund, how applied. 1850, 63. G. S. 36, 7. 1862, 83, 1. P. S. 43, 9. SECTION 8. The income of the Todd fund shall be paid to 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. i. Public schools. Branches taught. C. L. 136, 305. 1692-3, 26, 5. 1789, 19, 1. 1823, 111. 1826, 143, 1. R. S. 23, 1. 1839, 56, 1. 1850, 229. 1857, 206, 1858, 5. 1859, 263. G. S. 38, 1. 1862, 7. 1870, 248, 1. 1876, 3, 1. P. S. 44, 1. 1884, 69. 1885, 332. 1894,231: 320, II. 1898, 496, 1. 1900, 218. 10 Met. 508. [1 Op. A. G. 577.] THE PUBLIC SCHOOLS. [Revised Laws, Chapter 42.] PUBLIC SCHOOLS; ALSO SUBJECTS OF STUDY. SECTION 1. (As amended by chapter 181, Acts of 1908, and chapter 524, Acts of 1910.) Every city and town shall maintain, for at least thirty-two weeks in each year, a sufficient number of schools for the instruction of all the children who may legally attend a public school therein, except that in towns whose assessed valuation is less than two hundred thousand dollars, the required period may, with the consent of the board of education, be reduced to twenty-eight weeks. Such schools shall be taught by teachers of competent ability and good morals, and shall give instructions in orthography, reading, writing, the English language and grammar, geography, arithmetic, drawing, the history of the United States, physiology and hygiene, and good behavior. In each of the subjects of physiology and hygiene, special instruction as to the ef- fects of alcoholic drinks and of stimulants and narcotics on the human system, and as to tuberculosis and its preven- tion, shall be taught as a regular branch of study to all pupils in all schools wiiich are supported wholly or partly by public money, except schools which are maintained solely for instruction in particular branches. Bookkeep- ing, algebra, geometry, one or more foreign languages, the elements of the natural sciences, kindergarten training, manual training, agriculture, sewing, cooking, vocal music, physical training, civil government, ethics, thrift, : and such other subjects as the school committee consider ex- pedient may be taught in the public schools. 1 See chapter 524, Acts of 1910, page 15 of this pamphlet; also section 36, chapter 211, Acts of 1911, page 106 of this pamphlet. Chap. 42.] THE PUBLIC SCHOOLS. 15 CHAPTER 524, ACTS OF 1910. AN ACT TO PROVIDE FOR COMPULSORY INSTRUCTION IN THRIFT IN THE PUBLIC SCHOOLS. Section one of chapter forty-two of the Revised Laws, relating to the subjects that shall be taught in the public schools, as amended by chapter one hundred and eighty-one of the acts of the year nineteen hundred and eight, is hereby further amended by inserting after the word "ethics", in the twenty-fourth line, the word: thrift. INSTRUCTION IN THE PUBLIC SCHOOLS IN THE APPLICATION OF SURGICAL REMEDIES AND FIRST AID FOR THE INJURED. Chapter 247, Acts of 1911, provides as follows: Instruction may be given in the public schools in the application of surgical remedies in cases of emergency and the principles of first aid for the injured; and school committees may expend for this purpose such sums from the appropriation for the salaries of teachers as they may deem necessary. HIGH SCHOOLS. SECTION 2. (As amended by chapter 556, Acts of 1914.) wSfriffii? Every city and every town containing, according to the }j|3, JJi- l latest census, state or national, five hundred families or a-Aw/i*.' householders, shall, unless specifically exempted by the 1352! 123! board of education and under conditions to be defined by G. s. ss/s 2.' it, and any other town may, maintain a high school, ade- i?%8J|i. quately equipped, which shall be kept by a principal and such assistants as may be needed, of competent ability and }J good morals, who shall give instruction in such subjects 98 Mass.' 589.' designated in the preceding section as the school commit- tee consider expedient to be taught in the high school. Any high school maintained by a town required to belong to a superintendency union shall be maintained in accord- ance with standards of organization, equipment and in- struction approved from time to time by the board of education. One or more courses of study, at least four years in length, shall be maintained in each such high school and it shall be kept open for the benefit of all the inhabitants of the city or town for at least forty weeks, exclusive of vacations, in each year. A town may cause instruction to be given in a portion only of the foregoing requirements if it makes adequate provision for instruc- tion in the others in the high school of another city or town. 16 PUBLIC INSTRUCTION. [Chap. 42. PAYMENT OF TUITION IN OUTSIDE HIGH SCHOOLS, STATE KEIMBURSEMENT THEREOF, AND STATE AID TO CER- TAIN APPROVED HIGH SCHOOLS; ALSO PAYMENT OF TRANSPORTATION OF PUPILS TO OUTSIDE HIGH SCHOOLS. SECTION 3. (As amended by chapter 4$3, Acts of 1902, . chapter 537, Acts of 1911, and chapter 396, Acts of 1913.) ;894!436i A town of less than five hundred families or householders i89s! 496', 3. in which a public high school or a public school of corre- 171 E: SOL spending grade is not maintained shall pay for the tuition 427] P ' A ' G ' f an y cn ild wno resides in said town and who, with the previous approval of the school committee of his town, attends the high school of another town or city. If such town neglects or refuses to pay for such tuition, it shall be liable therefor to the parent or guardian of a child who has been furnished with such tuition if the parent or guardian has paid for the same, and otherwise to the city or town furnishing the same, in an action of contract. If the school committee of a town in which a public high school or public school of corresponding grade is not main- tained refuses, upon the completion by a pupil resident therein of the course of study provided by it, to approve his attendance in the high school of some other city or town which he, in the opinion of the superintendent of schools of the town in which he is resident is qualified to enter, the town shall be liable in an action of contract for his tuition. A town whose valuation is less than one million dollars shall be entitled to receive from the treas- ury of the commonwealth all necessary amounts, and a town whose valuation exceeds one million dollars, but whose number of families is less than five hundred, shall be entitled to receive from the treasury of the common- wealth half of all necessary amounts which have actually been expended for high school tuition under the provi- sions of this section: provided, that such expenditures shall be certified under oath to the board of education by its school committee within thirty days after the date of such expenditure; [but, if a town of less than five hundred f ami- dies maintains a high school of its own of the character described in section two of this chapter and employs at least two teachers therein, it shall be entitled to receive annually from the treasury of the commonwealth toward the support of such high school the sum of three hundred dollars. No town the valuation of which averages a larger Chap. 42.] THE PUBLIC SCHOOLS. 17 sum for each pupil in the average membership of its pub- lic schools than the corresponding average for the com- monwealth shall receive money from the commonwealth under the provisions of this section; and no expenditure shall be made by the commonwealth on account of high school instruction under the provisions of this section un- less the high school in which such instruction is furnished has been approved by the board of education.] A town Transportation of less than five hundred families or householders, in which townfnaving a public high school or public school of corresponding t c hlgh grade is not maintained, shall, through its school commit- tee, when necessary, provide for the transportation of any child who resides in said town and who, with the previous approval of the school committee of the town, attends the high school of any other town or city, and shall pay for the expense of such transportation a sum not exceeding one dollar and fifty cents per week during the time of actual attendance of such child in the high school. If any town fails to provide such transportation, it shall be liable in an action of contract, to the parent or guardian of a child who has been furnished with such transportation for such amounts, not exceeding one dollar and fifty cents per week, as the parent or guardian has paid for 'the same. A town which has expended for the support of its public schools for the preceding year from the proceeds of local taxation an amount not less than four and less than five dollars per thousand dollars of valuation shall receive from the treasury of the commonwealth one half of the amount actually expended for transportation under the provisions of this act; and a town which has expended from the pro- ceeds of local taxation for the support of its public schools for the preceding year an amount equal to at least five dollars per thousand of valuation shall receive from the treasury of the commonwealth the whole transportation under the provisions of this act. (Chapter 427, Acts of 1908, as given below, takes the place of that part of the above section enclosed in brackets.) STATE AID FOR HIGH SCHOOLS IN SMALL TOWNS. Chapter 200, Acts of 1906, as amended by chapter 427, Acts of 1908, provides as follows : SECTION 1. If a town of less than five hundred families main- state aid for tains a high school of its own of the character described in section two of chapter forty-two of the Revised Laws, and employs at least 18 PUBLIC INSTRUCTION. [Chap. 42. Payments not to be made except by authority of this act. Certification of certain high school teach- ers, etc. Conditions under which certificates shall be issued. List of teachers to be kept by the commis- sioner of edu- cation. two teachers therein, it shall be entitled to receive annually from the treasury of the commonwealth toward the support of such high school the sum of five hundred dollars. But no town the valuation of which averages a larger sum for each pupil in the average mem- bership of its public schools than the corresponding average for the commonwealth, shall receive money from the commonwealth under the provisions of this section; and no expenditures shall be made by the commonwealth on account of high school instruction under the provisions of this section unless the high school in which such instruction is furnished has been approved by the state board of education. SECTION 2. No payment shall be made from the treasury of the commonwealth under authority of said chapter two hundred, except in accordance with section one of said act as hereb}^ amended. CERTIFICATION BY THE BOARD OP EDUCATION OF HIGH SCHOOL TEACHERS IN STATE-AIDED HIGH SCHOOLS. Chapter 375, Acts of 1911, provides as follows: SECTION 1. After July first, nineteen hundred and twelve, no person shall be eligible to teach a high school aided directly by the commonwealth, as provided in chapter two hundred of the acts of the year nineteen hundred and six, as amended by chapter four hundred and twenty-seven of the acts of the year nineteen hundred and eight, who does not hold a high school teacher's certificate issued by the board of education, in accordance with section two hereof. SECTION 2. It shall be the duty of the board of education to define the conditions on which high school teachers' certificates shall be given and held, and to grant such certificates to candidates who shall be found qualified by examination or otherwise; but any person with a satisfactory record as teacher for a period of not less than six months in the high schools of this commonwealth shall be entitled to a certificate to that effect, under this act, if applied for prior to July first, nineteen hundred and twelve, but not otherwise. SECTION 3. A list of teachers holding high school teachers' certificates under this act shall be kept in the office of the commis- sioner of education, and shall be sent to superintendents and school committees in the commonwealth, at their request. UNION HIGH SCHOOL DISTRICTS. High school SECTION 4. Two adjacent towns, each having less than districts in _ 1 -IIP i 111 adjacent towns, five hundred families or householders, may vote to form one high school district for establishing a high school. G. S. 38, 3. P. S. 44, 3. 103 Mass. 99. Committee, how chosen. Powers. 1848, 279, 2. G. S. 38, 4. P. S. 44, 4. to deter- mine location of school house. SECTION 5. The school committees of such towns shall elect one person from each of their respective boards, and the persons so elected shall form the committee for the management and control of such school, with all the powers of school committees. SECTION 6. Such committee shall determine the loca- tion of the school house, if one is authorized, to be built Chap. 42.] THE PUBLIC SCHOOLS. 19 by the towns of such high school district; otherwise, it ^ 4 | 2 3 7 8 9 ' 5 3 - shall authorize the location of such school alternately in p.'s.'44,'V the two towns. SECTION 7. The proportion to be paid by each town Expenses for the erection of a permanent school house for such i848? r 279? *. school, for its support and maintenance and for all in- p'j'lf'l^ cidental expenses attending the same, unless otherwise agreed, shall be according to its proportion of the county tax. UNION SCHOOLS. SECTION 8. Two or more towns may severally vote to union schools establish union schools for the accommodation of such SoreTowns. contiguous portions of each as shall be mutually agreed p. 6 |. 4?' 10, upon. The management and control of such schools, the Us Mass. 99. location of the same or of the school houses therefor, and the apportionment of the expenses of erecting such school houses and of the support and maintenance of said schools, with all expenditures incident to the same, shall be gov- erned by the provisions of the three preceding sections. MANUAL TRAINING. SECTION 9. Every city and town containing twenty Manual thousand inhabitants or more shall maintain the teaching IsS^m. of manual training as part of both its elementary and its 1898 496 ' 4 - high school system. INDUSTRIAL SCHOOLS. Section 10 is repealed. See page 74 of this pamphlet for section 8, chapter 505, Acts of 1906, on industrial education. EVENING SCHOOLS. SECTION 11. (As amended by chapter 590, Acts of 191 4.) ^oois g Any town may, and every city or town in which there are p 7 ||* 8 ' 7 2 - issued during the year from September first to August msl 174, i. thirty-first certificates authorizing the employment of 1898 ' 496> 5< twenty or more persons who do not possess the educational qualifications enumerated in section one of chapter forty- four of the Revised Laws, as amended, shall maintain dur- ing the following school year an evening school or schools for the instruction of persons over fourteen years of age in orthography, reading, writing, the English language and grammar, geography, arithmetic, industrial drawing, both 20 PUBLIC INSTRUCTION. [Chap. 42. free hand and mechanical, the history of the United States, physiology and hygiene and good behavior. Such other subjects may be taught in such schools as the school com- mittee considers expedient. Evening high schools. 1886, 236, 1. 1898, 496, 6. Notices as to evening schools. 1887, 433, 4. EVENING HIGH SCHOOLS. SECTION 12. Every city of fifty thousand or more in- habitants shall maintain annually an evening high school, in which shall be taught such subjects as the school com- mittee thereof consider expedient, if fifty or more resi- dents, fourteen years of age or over, who are competent in the opinion of the school committee to pursue high school studies shall petition in writing for an evening high school and certify that they desire to attend such school. SECTION 13. The school committee shall, two weeks next before the opening of each term of the evening schools, post in three or more public places of their city or town notice of the location of said schools, the date of the beginning of the term, the evenings of the week on which they shall be kept, such regulations as to attendance as they deem proper, and the provisions of section thirty- five of chapter one hundred and six. x PAYMENT OF A FEE FOR INSTRUCTION IN THE EVENING SCHOOLS. Chapter 309, Acts of 1911, provides as follows: Payment of a School committees in cities and towns in which evening schools tionhi evening are maintained may require from each student not bound by law school. = to attend, an advance payment not exceeding one dollar, which sum may, at the discretion of the committee, be turned into the city or town treasury to be credited to the school appropriation of such city or town, or it may be returned in part or in whole to the student at such time and under such conditions as the committee may determine. Free evening lectures. 1900, 166. FREE EVENING LECTURES. SECTION 14. The school committee may employ com- petent persons to deliver lectures on the natural sciences, history and kindred subjects, and may provide cards or pamphlets giving the titles and authors of books of refer- ence on the subject-matter of said lectures which are con- tained in the local public libraries. 1 This reference should be made to section 66 (as amended), chapter 514, Acts of 1909. See page 64 of this pamphlet. Chap. 42. THE PUBLIC SCHOOLS. 21 VACATION SCHOOLS. SECTION 15. The school committee of a city or town vacation may establish and maintain schools to be kept open during i899,246. the whole or any part of the summer vacation; but at- tendance thereon shall not be compulsory or be considered as a part of the school attendance required by law. EXHIBITION OF PUBLIC SCHOOL WORK. Chapter 172, Acts of 1904, provides as follows : The school committee of any city or town may, at any national, ^eSieTfor be state or foreign exposition, make an exhibition showing the char- exhibition of acter, standing or work of the public schools of the city or town, J k o] a public and may for that purpose expend part of the money raised by taxa- tion for school purposes in the year in which the appropriation is made. AUTHORITY OF SCHOOL COMMITTEES OVER ORGANIZATIONS OF SCHOOL PUPILS. Chapter 251, Acts of 1906, provides as follows: SECTION 1. The school committee may supervise and control ^teesTocon- all athletic organizations composed of pupils of the public schools 1 afhietic n and bearing the name of the school. ?n? c hoot ions SECTION 2. It may directly or through an authorized represent- May make con . ative determine under what conditions such organizations may ditkmsfor enter into competition with similar organizations in other schools. SCHOOL COMMITTEES MAY EXPEND MONEY FOR THE SUPERVISION OF SPORTS. Chapter 314, Acts of 1911, provides as follows: School committees in cities and towns may expend money, as it Supervision of is now expended for public school purposes, for the supervision of s P orts ' etc - play and games on land under their control and for the equipment thereof. NAUTICAL SCHOOLS. SECTION 16. A town may establish and maintain, upon Nautical shore or upon vessels at the election of the school com- ig-rajSg. mittee, one or more schools for training young men or p - s - 44> 9 - boys in nautical duties; such schools shall be subject to the provisions of section ten, except that the school com- mittee may excuse boys attending such nautical schools from attendance on other schools. FEMALE ASSISTANTS. SECTION 17. In every public school having an average Female of fifty pupils, one or more female assistants shall be S?56, ts i. employed unless the town votes otherwise. p'.j'.lf'.lu. 22 PUBLIC INSTRUCTION. [Chap. 42. Duty of in- structors in colleges, etc. Const., c. 5, 2. C. L. 136, 3. 1789, 19, 4. 1826, 143, 3. R. S. 23, 7. G. S. 38, 10. P. S. 44, 15. 12 Allen, 127. MORAL INSTRUCTION. SECTION 18. The president, professors and tutors of the university at Cambridge and of the several colleges, all preceptors and teachers of academies and all other in- structors of youth shall exert their best endeavors to im- press on the minds of children and youth committed to their care and instruction the principles of piety and jus- tice and a sacred regard for 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 so- ciety and the basis upon which a republican constitution is founded; and they shall endeavor to lead their pupils, as their ages and capacities will admit, into a clear under- standing of the tendency of the above-mentioned virtues to preserve and perfect a republican constitution and se- cure 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. Bible to be read in schools. 1826, 143, 7. R. S. 23, 23. 1855, 410. G. S. 38, 27. 1862, 57. 1880, 176. P. S. 44, 32. 12 Allen, 127. BIBLE TO BE READ IN THE SCHOOLS. SECTION 19. A portion of the Bible shall be read daily in the public schools, without written note or oral com- ment; but a pupil whose parent or guardian informs the teacher in writing that he has conscientious scruples against it, shall not be required to read f rom any particu- lar version, or to take any personal part in the reading. The school committee shall not purchase or use school books in the public schools calculated to favor the tenets of any particular religious sect. Patriotic exercises. 1890, 111. MEMORIAL DAY. SECTION 20. In all the public schools the last regular session, or a portion thereof, prior to the thirtieth day of May, known as Memorial Day, shall be devoted to patriotic exercises. i894, la i5i d ' VIVISECTION AND DISSECTION. SECTION 21. No person shall, in the presence of a pupil in any public school or of a minor there present, practice vivisection, or exhibit an animal which has been Chap. 42.] THE PUBLIC SCHOOLS. vivisected. Dissection of dead animals or of any portions thereof in the public schools shall be confined to the class room and to the presence of pupils engaged in the study to be illustrated thereby and shall in no case be for the purpose of exhibition. Whoever violates the provisions of this section shall be punished by a fine of not less than ten nor more than fifty dollars. TOWNS SHALL KAISE MONEY FOR THE SUPPORT OF SCHOOLS. SECTION 22. Towns shall raise by taxation money nee- TO praise essary for the support of public schools. schools. * R. S. 23, 9. G. S. 38, 12. P. S. 44, 17. 10 Met. 513. 1826 ' 143( 4 ' SECTION 23. A town which refuses or neglects to Forfeiture for raise money for the support of schools as required by this chapter shall forfeit an amount equal to twice the highest sum ever before voted for the support of schools therein. A town which refuses or neglects to choose a > school committee shall forfeit not less than five hundred ^f - 2 2 3 3 / 60 - nor more than one thousand dollars, to the use of the G. s. 38,' 14. county. P. s. 44, 19. n Gush. ITS. SECTION 24. Three-fourths of such forfeiture so paid shall be paid by the county treasurer to the school com- mittee, if any; otherwise, to the selectmen of the town }789, i9 7^ from which it has been recovered, who shall appropriate R. j ,' ei." it to the support of the schools of such town as if it had p.' s.' 44,' 20.' been regularly raised by the town for that purpose. TOWNS MAY RAISE MONEY FOR THE CONVEYANCE OF SCHOOL CHILDREN. Chapter 25, section 15, Revised Laws, provides that a town may at legal meetings appropriate money "For conveying pupils to and from the public schools, or, if it maintains no high school or public school of corresponding grade but affords high school instruction by sending pupils to other towns, for the necessary transportation expenses of such pupils, the same to be expended by the school committee in its discretion." TRANSPORTATION OF CHILDREN LIVING ON ISLANDS. Chapter 483, Acts of 1903, provides as follows: The state board of education is hereby authorized to furnish or provide transportation to and from school for such children of school age as may be living upon islands within the commonwealth which are not provided with schools, in cases where the city or town within the limits of which such islands are situated is not required by law to provide such transportation. 24 PUBLIC INSTRUCTION. [Chap. 42. TRANSPORTATION, BY STREET AND ELEVATED RAILWAY COMPANIES, OF PUPILS OF THE PUBLIC DAY AND PUBLIC EVENING SCHOOLS AND PRIVATE SCHOOLS, AND PUPILS OF INDUSTRIAL SCHOOLS. Chapter 530, Acts of 1908, as amended by chapter 567, Acts of 1910, provides as follows: SECTION 1. (As amended.) The rates of fare charged by street or elevated railway companies for the transportation of pupils of the public day schools or public evening schools or industrial day or even- ing schools organized under the provisions of chapter five hundred and five of the acts of the year nineteen hundred and six and acts in amendment thereof, or private schools between a given point, from or to which it is necessary for them to ride in travelling to or from the schoolhouses in which they attend school and their homes, whether such schoolhouses are located in the city or town hi which the pupils reside or in another city or town, shall not exceed one half the regular fare charged by such street or elevated railway company for the transportation of other passengers between said points, and tickets for the transportation of pupils as aforesaid, good during the days or evenings on which said schools are in ses- sion, shall be sold by said companies in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-five dollars for each offence. SECTION 2. Section ninety-nine of Part III of chapter four hun- dred and sixty-three, and chapter four hundred and seventy-nine, of the acts of the year nineteen hundred and six are hereby repealed. Commence- ment of term. 1846, 223, 1. G. S. 38, 20. 1865, 134. P. S. 44, 25. Records; secretary. 1838, 105, 3. G. S. 38, 22. P. S. 44, 27. 116 Mass. 367. Duties of school committee. G. S. 38, , P. S. 44, ! 1883, 174, 1886, 236, 1898, 496, 16. 7,21. SCHOOL COMMITTEES. SECTION 25. In cities in which no other provision is made, the term of office of members of the school com- mittee shall commence at the same time as is provided for members of the city council. SECTION 26. The school committee shall appoint a sec- retary who shall keep a permanent record book, in which all its votes, orders and proceedings shall be recorded. SECTION 27. It shall have the general charge and super- intendence of all the public schools, industrial schools, evening schools and evening high schools. It may deter- mine the number of weeks in each year and the hours dur- ing which such evening schools shall be kept and may make regulations as to the attendance therein. School com- mittee to con- tract with teachers. 1838, 105, 2. 1859, 60. G.|S.f38, 23. SELECTION AND EXAMINATION OF TEACHERS. SECTION 28. It shall select and contract with the teach- ers of the public schools, shall require full and satisfac- tory evidence of their moral character, and shall ascertain by personal examination their qualifications for teach- Chap. 42.] THE PUBLIC SCHOOLS. 25 ing and their capacity for the government of schools; or p. g s.4^28. in lieu thereof, may accept the diplomas granted by the 1894! 329J 4. state normal schools of this commonwealth to their gradu- 9 Sn, fl' ates [or the certificate issued under the provisions of sec- 9S tion fourteen of chapter thirty-nine.] (The phrase enclosed in brackets in the above section is rendered void by chapter 234, Acts of 1904.) TEACHER'S CERTIFICATE OF QUALIFICATIONS. SECTION 29. Every teacher shall, before he opens any Jj-^JJJ*^ 6 " public school, obtain from the school committee a certifi- certificate; cate in duplicate of his qualifications, one of which shall paid nai be deposited with the selectmen, or, in a city, with the O.'\M. auditor or treasurer or with any officer who may be pre- }fig; }|; scribed in the charter, before any payment is made to him p-|-| 4 8> || 9 4 - on account of his services, and upon so filing such certifi- in Mass. 128. cate, he shall be 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 provisions of section eleven of chapter forty-three. Section 30 is repealed by chapter JfiG, Acts of 1903. DISMISSAL OF TEACHERS. SECTION 31. The school committee may dismiss anyjjj^ lof teacher from employment, and he shall receive no com- 1844,32.' pensation for services rendered after such dismissal. p.* s.' 44,' 30.' 12 Gray, 339. (See also chapter 714, Acts of 1914, as given below.) Jo^Jf 1 ' TENURE OF OFFICE OF TEACHERS. SECTION 32. The school committee may elect a teacher Tenure of 1-1 i 1*1 IT i n . . office of who has served as such in the public schools of its city or teachers. town for not less than one year to serve as such at the pleasure of the committee. (See also chapter 714, Acts of 1914, as given below.) CHAPTER 714, ACTS OF 1914. TENURE OF OFFICE OF TEACHERS AND SUPERINTENDENTS OF SCHOOLS. SECTION 1. The school committee of a city or town, in electing a teacher or superintendent who has served in the public schools of its city or town for the three previous consecutive years, shall em- ploy such teacher or superintendent to serve at the discretion of the school committee, subject to the provisions of section two of this act. 26 PUBLIC INSTRUCTION. [Chap. 42. SECTION 2. The school committee may dismiss any teacher or superintendent from employment by a two thirds vote of the whole committee, and such teacher or superintendent shall not receive any compensation for service rendered after such dismissal: pro- vided, that a teacher or superintendent employed to serve at the discretion of the school committee, as provided in section one of this act, shall not be dismissed unless, at least thirty days prior to the meeting, exclusive of customary vacation periods, at which the committee votes upon the question of his dismissal, he shall have been given notice of the intention of the school committee to vote upon the question of his dismissal, nor unless he shall have been given, upon his request, a statement by the school committee of the reasons for which his dismissal is proposed; nor unless, also, in the case of a teacher, the superintendent of schools shall have given to the school committee his recommendations as to the proposed dismissal. SECTION 3. (1) No teacher employed to serve at the discretion of the school committee, as provided in section one of this act, shall suffer a decrease of salary without his consent, except by a general salary revision affecting equally all teachers of the same salary grade in the city or town. (2) A superintendent employed to serve at the discretion of the school committee shall suffer no decrease in salary without his consent, until at least one year after the school committee has voted to reduce his salary. SECTION 4. Nothing herein contained shall be construed as limit- ing the right of a school committee to suspend a teacher or superin- tendent for immoral conductor other conduct unbecoming a teacher; and if the teacher or superintendent so suspended is subsequently dismissed because of such conduct, he shall not receive any salary for the period of his suspension. SECTION 5. Nothing herein contained shall be construed as limit- ing the right of a school committee to dismiss a teacher when an actual decrease in the number of pupils in the schools of the city or town renders such action advisable. . SECTION 6. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 7. This act shall not apply to superintendents of superintendency unions. SECTION 8. This act shall not apply to the city of Boston. SECTION 9. This act shall take effect on the first day of July in the year nineteen hundred and fourteen. PUBLIC SCHOOL TEACHERS NOT TO BE RESTRICTED IN THE EXER- CISE OF CERTAIN POLITICAL RIGHTS. Chapter 628, Acts of 1913, provides as follows: No school committee shall by rule, regulation or in any other manner restrict any teacher in, or dismiss him for, exercising his right of suffrage, the signing of nomination papers, and the petition- ing or appearing before committees of the legislature; but nothing herein contained shall be construed as limiting the power of a school committee so to restrain any teacher or dismiss him for exercising any of tHe aforesaid rights, suffrage excepted, on school premises, during school hours or when the exercise thereof actually interferes with the performance of school duties. Chap. 42.] THE PUBLIC SCHOOLS. 27 THE OBTAINING OF POSITIONS BY SCHOOL TEACHERS. Chapter 731, Acts of 1911, provides as follows: SECTION 1. (As amended by chapter 368, Acts of 1913.) Any graduate of any high school or normal school in this commonwealth, or of any other school considered by the board of education to be of teachers, equal grade, or the graduate of any reputable college, provided that such graduate is a person of good character, may file an application with the board of education for a position as school teacher upon the payment of a fee of two dollars. The application shall set forth the name, address, and, briefly, the experience and qualifications of the applicant. It shall be the duty of the board of education to communicate with the school committees in the cities and towns of the commonwealth, and with persons who have made application for a position as school teacher in accordance with the provisions of this section, and to procure positions for them so far as may be possible, free of expense to the applicant beyond the aforesaid fee, and without expense to the various school committees. The said Duties of Board board shall cause to be printed and sent to school committees of etc. v cities and towns a list of the applicants for positions as aforesaid, with a brief statement of their qualifications and experience. SECTION 2. No person, firm, corporation, or association shall Limiting fee or demand or accept from any applicant for the position of a teacher to? paid ^y in the public schools a fee or other compensation exceeding two applicants, dollars in amount, and no further sum shall be charged to cover ex- penses or for any other reason, except that, if the person or agency procures a position as aforesaid for an applicant, the person or agency shall be entitled to receive as further compensation a sum not exceeding five per cent of the salary of the teacher, for the first year of employment, provided that the position is open to teachers so long. SECTION 3. It shall be unlawful for a superintendent of schools Superintend- in any city or town, or in any district composed of two or more Jo^t^w^SJ? 8 towns, to accept any commission, fee, compensation or reward of commission, any kind for obtaining a position as teacher in the public schools for any person. SECTION 4. Any violation of this act shall be punished by fine Penalty. of not less than fifty nor more than five hundred dollars. SECTION 5. All acts and parts of acts inconsistent herewith are hereby repealed. WHEN COMMITTEES SHALL VISIT SCHOOLS. SECTION 33. If there is no superintendent of schools, school com- the school committee or one or more of its members shall, ^hoofs* visit for tbe purpose of organizing and making a careful exam- g 2 | ! 2 f; 5 - ination of the schools and of ascertaining that the pupils |f g^^e are properly supplied with books, visit all the public }jgjj.'292, 2.' schools in its town on a day during the first week after the P. s. 44, ' 31! opening of each term of such schools, and on a day during the two weeks preceding the close of the same, and also, 28 PUBLIC INSTRUCTION. [Chap. 42. 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 pupils. School com- mittee to select books and prescribe studies. 1826, 143, 7. R. S. 23, 17. G. S. 38, 28. 1876, 47, 1. 1881, 193, 1. P. S. 44, 33. TEXT BOOKS AND COURSE OF STUDIES. SECTION 34. (As amended by^ chapter 201, Acts of 1910.} The school committee shall direct what books shall be used in the public schools, and shall prescribe, as far as is practicable, a course of studies and exercises to be pursued therein. Such exercises may, at the discretion of the com- mittee, include calisthenics, gymnastics and military drill; but no special instructors shall be employed therefor ex- cept by a two-thirds vote of the committee. No pupil shall be required to take part in any military exercise if his parent or guardian is of the religious denomination of Quakers or Shakers or of any other religious denomination conscientiously opposed to bearing arms, or if said parent or guardian is himself conscientiously scrupulous of bear- ing arms, and so notifies the school committee in writing; or if a physician of good standing shall certify in writing that in his opinion such exercise would be injurious to the pupil's health. Text books and supplies to be provided by towns. 1855, 436. 1873, 106. 1878, 23. P. S. 44, 40. 1884, 103. 1894, 320, 2. Text books may be pur- chased by pupils. 1901, 472. FREE TEXT BOOKS AND SCHOOL SUPPLIES. SECTION 35. The school committee shall, at the ex- pense of the town, purchase text books and other school supplies used in the public schools, and, subject to such regulations as to their care and custody as it may pre- scribe, loan them to the pupils of such schools free of charge, and, if instruction is given therein in the use of tools and in cooking, may so purchase and loan the tools, implements and materials necessary therefor. SECTION 36. In a city which, by vote of the board of aldermen, and in a town which, by vote of the inhabitants at an annual town meeting, accepts the provisions of this section or has accepted the corresponding provisions of earlier laws, the school committee shall make regulations with reference to the care, custody and distribution of books and supplies so loaned, and may provide for the continued use of any text books by such pupils throughout any grades. Such pupils may, if the school committee so votes, purchase from such city or town, at such time Chap. 42.] THE PUBLIC SCHOOLS. and place as the school committee designates, at not more than the cost price to such city or town, any text books which are or are to be used by them in the public schools, and, if the committee so votes, pupils who complete two years in any public school in grades more advanced than the fourth grade may, upon graduating from the grammar school and upon application to the school committee, be permitted to acquire the permanent ownership of such three text books, used during the last year of their at- tendance in the school, as they may select. SECTION 37. The school committee shall, at the ex- Apparatus and , , , . . , , . 1 . reference books. pense of the town and in accordance with appropriations isss, iei, 2. therefor previously made, procure apparatus, reference books and other means of illustration. SECTION 38. A change may be made in the school t^f 60 * books used in the public schools by a vote of two-thirds of J| 5 |' 9 3 | || 8 the whole school committee at a meeting thereof, notice of }|{g''}jj- such intended change having been given at a previous i876|47,.?. , - P. S. 44,, 34. meeting. COMPENSATION OF SCHOOL COMMITTEES. Section 39. In towns which are subject to the pro- Compensation visions of sections forty-three and forty-four and which iss^osjsT' vote to authorize the school committee to receive com- life) 232!' pensation, the members of the committee shall each be s * 38> 34> paid two dollars and fifty cents a day for the time actu- J? 7 | l $. ally occupied in performing the duties of the office, and ||^,^. ^ g such additional compensation as the town may allow. In 1898,' 46e! 5. other towns and in cities, they shall receive no compensa- tion. MEMBERS OF SCHOOL COMMITTEES INELIGIBLE TO CERTAIN POSITIONS. Chapter 173, Acts of 1904, provides as follows : No member of a school committee in any city or town shall be Members of eligible to the position of teacher in or master or superintendent of mitteesno the public schools of such city or town, or to the position of teacher eligible to in or master or superintendent of public schools in any school dis- trict or superintendency union of which such townlforms a part. SUPERINTENDENTS OF PUBLIC SCHOOLS. SECTION 40. The school committee of a city or town which is not within an existing union for the employment of a superintendent may, and after the first day of July 30 PUBLIC INSTRUCTION. [Chap. 42. 1854, 314. 1856, 232. 187o! 117. 1873, 108. 1874, 272. P. S. 44, 43. 1888, 431, 5. 1898, 466, 5. 1900, 248, 1. Ill Mass. 87. 138 Mass. 149. District super- sTos i. p. s. 44, 44. Superintend- ent oi public manner f appointment of i87o?i'83? c 2. p. s. 44, 45. in the year nineteen hundred and two shall, at the expense of the city or town, employ a superintendent of schools, who, under the direction and control of the committee, shall have the care and supervision of the public schools. The compensation of the superintendent shall not be less than one dollar and fifty cents for each day of actual serv- ice, and shall be determined by the school committee. SECTION 41. Two or more towns may, by a vote of each, form a district for the purpose of employing a superintendent of public schools therein. SECTION 42. Such superintendent shall be annually ap- pointed by a joint committee, composed of the chairman and secretary of the school committee of each of the towns in said district, who shall determine the relative amount of service to be performed by him in each town, fix his salary, apportion the amount thereof to be paid by the several towns and certify the same to each town treasurer. PERMANENCY OF SCHOOL SUPERINTENDENCY UNIONS AND EQUALITY OF REPRESENTATION OF TOWNS ON THE JOINT COMMITTEE. SECTION 43. (As amended by chapter 399, Acts of 1911, pent of super- and chapter 114, Acts of 1912.) The school committees of mtendent. * i i i r> i i 1888, 431, 1,2. two or more towns the valuation of each of which is less 89s! 466, i,' 2! than two million five hundred thousand dollars, and the [fop 2 A! G?' aggregate number of schools in all of which is not more 147 - ] than fifty nor less than twenty-five, and the school com- mittees of four or more towns the valuation of each of which does not exceed two million five hundred thousand dollars, without reference to the minimum limit in the aggregate number of schools aforesaid, shall form a union for the purpose of employing a superintendent of schools. The school committees of such towns shall be a joint com- mittee : provided, that any school committee consisting of more than three members shall be represented on the joint committee by its chairman and two members, chosen by said school committee. This joint committee, for the pur- poses of such union, shall be the agents of each town therein. Such union shall not be dissolved except by vote of a majority of the towns constituting the union, and the consent of the board of education to such dissolution, nor shall it be dissolved for the reason that the valuation of any one of the towns shall have so increased as to ex- Chap. 42.] THE PUBLIC SCHOOLS. 31 ceed two million five hundred thousand dollars, nor for the reason that the number of schools shall have increased beyond fifty or, in a union of less than four towns, shall have decreased below twenty-five. EMPLOYMENT OF SUPERINTENDENTS OF SCHOOLS IN UNIONS OF TOWNS AND TENURE OF OFFICE. SECTION 44. (As amended by chapter 384, Acts of 1911.) See C ,Sc. The joint committee shall annually, in April, meet at a JH; gj; f f; day and place agreed upon by the chairman of the com- J^ 8 ^' | 8 2 9 ; mittees of the several towns comprising the union, and no Mass! 473! shall organize by the choice of a chairman and secre- tary. They shall employ a superintendent of schools, determine the relative amount of service to be performed by him in each town, fix his salary, apportion the amount thereof to be paid by the several towns and certify it to each town treasurer. Such superintendent of schools shall be employed for a term of three years, and his salary shall not be reduced during such term. Failure of a superin- tendent during his term of office to receive a certificate as provided by chapter two hundred and fifteen of the acts of the year nineteen hundred and four, l upon the expira- tion of a prior certificate, shall thereby vacate his office. He may be removed from office by a two thirds vote of the full membership of the joint committee, and with the consent of the board of education to such dismissal, where- upon his salary shall cease. SUPERINTENDENCY UNIONS AIDED BY THE STATE. SECTION 45. When the chairman and secretarv of such Payment by . . . A IIP i common- jomt committee certity to the auditor ot accounts under wealth upon oath, that a union has been effected, that the towns, in isss, 43i, e 3. addition to an amount equal to the average of the total S, lee! 1 1'. amount paid, or to the amount paid for each child, by the several towns for schools during the three years then last preceding, unitedly have appropriated and raised by taxa- tion not less than seven hundred and fifty dollars for the support of a superintendent of schools, and that a super- intendent of schools has been employed for one year, a warrant shall, upon the approval of the certificate by the board of education, be drawn upon the treasurer and re- 1 See page 33 of this pamphlet. 32 PUBLIC INSTRUCTION. [Chap. 42. Appropria- tions to pro- vide towns with school superintend- ents. ceiver general for the payment of twelve hundred and fifty dollars, three-fifths of which shall be paid for the salary of such superintendent, and two-fifths thereof shall be ap- portioned and distributed to the towns forming such union on the basis of the amount appropriated and expended for a superintendent in such towns for the preceding year and shall be paid for the salaries of teachers employed in the public schools therein. SECTION 46. There shall be annually appropriated by the commonwealth such amount as may be necessary to carry out the provisions of the three preceding sections. 1888, 431, 4. 1890, 379. 1891, 272. 1893, 200, 4. 1894, 58. 1898, 466, 4. TOWNS WHOSE VALUATION EXCEEDS $2,500,000 MAY BE ADMITTED WITHOUT STATE AID TO SUPERINTENDENCY UNIONS. Admission of SECTION 47. Towns whose valuation exceeds the limit towns exceed- _ . ... ing limit of fixed by section forty-three may participate in a union 1898^466 j e, 7. formed under the provisions of said section, in the same manner and subject to the same terms, conditions and benefits as towns having such limited valuation, except that the allowance by the commonwealth in aid of said union, as provided in the preceding section, shall not be made to the entire union, but shall first be apportioned to the several towns upon the basis of the amount appropri- ated by them respectively for the support of a superin- tendent of schools for the preceding year, and the warrant upon the treasurer and receiver general shall then be drawn in favor of and only for the portions so assigned to those towns of the union whose valuation at the time of said union did not exceed the limit provided in section forty-three. Effect of increase of valuation. 1898, 466, 8. EFFECT OF INCREASE OF VALUATION. SECTION 48. If the valuation of a town in a union formed under the provisions of section forty-three or of the preceding section shall so increase as to exceed three million five hundred thousand dollars, such increase shall have the same effect as if the valuation of said town had exceeded two million five hundred thousand dollars at the date of the formation of such union. Chap. 42.] THE PUBLIC SCHOOLS. 33 FORMATION OR READJUSTMENT OF SUPERINTENDENCY UNIONS BY THE STATE BOARD OF EDUCATION. Chapter 299, Acts of 1903, provides as follows: The state board of education is hereby authorized to form or on readjust unions of towns for the employment of superintendents former e- of schools whenever in its judgment it becomes imperatively neces- ^^^5^ sary to include a town which is otherwise unable to comply with the emptoymSIt of 6 law. In carrying out the provisions of this act the board may allow 8 " peri f nte J d "J the formation of unions with a number of schools less than that re- er quired by section forty-three of chapter forty-two of the Revised Laws, and in no case shall the readjustment deprive any town of its right to aid under the law. QUALIFICATIONS OF CERTAIN SUPERINTENDENTS OF SCHOOLS DETERMINED BY THE STATE BOARD OF EDUCATION. Chapter 215, Acts of 1904, provides as follows: In all superintendency unions in which any part of the expense Qualifications of the superintendent is borne by the commonwealth the state board fo/superin*- 63 of education shall determine, by examination or otherwise, the quali- tendent of ncations of candidates for the position of superintendent of public deteminecTin schools; and, after the first day of January in the year nineteen certain cases, hundred and five, no person shall be elected to such position who etc - does not hold a certificate of fitness and competency from said board: provided, however, that this act shall not apply to any superintendency union in which one town does not receive aid from the commonwealth for expense of a superintendent, until the termin- ation of the contract, if any, existing between such towns at the time of the passage of this act. DUTIES AND POWERS OF SUPERINTENDENTS OF SCHOOLS. Chapter 444, Acts of 1911, provides as follows: SECTION 1. The superintendent of schools employed hi accord- Duties and ance with section forty, section forty-one or section forty-four of j hooi S super- chapter forty-two of the Revised Laws, shall, under the direction of mtendents the school committee, have the care and supervision of the public ( schools, and shall be the executive officer of the school committee. He shall assist the school committee in keeping its records and ac- counts and in making such reports as are required by law. SECTION 2. The superintendent of schools shall recommend Recommenda- teachers to the school committee, and shall also recommend text- Sendents? 6 *" books and courses of study to the school committee. SCHOOL HOUSES. SECTION 49. Every town shall provide and maintain a School houses, sufficient number of school houses, properly furnished and * conveniently located for the accommodation of all children therein who are entitled to attend the public schools. A Jffj 1 1*1' 10 ' town which for one year refuses or neglects to comply ^f^ with the requirements of this section shall forfeit not less 34 PUBLIC INSTRUCTION. [Chap. 42. and v dt e pilyed and c ^ ia P ter G. s. 38, 36, than five hundred nor more than one thousand dollars, to p 7 s 44% 46 ^ e P a id an d applied as provided in sections twenty-three 50. * and twenty-four. The school committee, unless the town otherwise directs, shall have general charge and superin- tendence of the school houses therein, shall keep them in good order, and shall procure a suitable place for the schools, if there is no school house, and provide fuel and all other things necessary for the comfort of the pupils therein, at the expense of the town. DISPLAY OF THE UNITED STATES FLAG ON SCHOOL HOUSES. SECTION 50. (As amended by chapter 229, Acts of 1909, , Acts of 1911.) The school committee of every city and town shall provide for each schoolhouse in which a public school is maintained and which is not otherwise supplied, a United States flag of silk or bunting not less than four feet in length, and suitable apparatus whereby the flag shall be displayed on the schoolhouse building or grounds every school day when the weather permits, and on the inside of the schoolhouse on other school days. Failure to observe this law for a period of five consecutive days upon the part of the master or prin- cipal in charge of the school at the time, shall be punished by a fine of not more than five dollars for each period of five days of such negligence, unless such failure is caused by the school committee in not providing the said master or principal with a flag, in which case the said penalty shall be imposed on those directly responsible for the fail- ure so to supply the said master or principal. Said pen- alty shall be imposed by any court of competent juris- diction within the commonwealth. Penalty. LOCATION OF SCHOOL HOUSES. toS? 08 ' SECTION 51. A town may, at a meeting called for the ,143, 10. purpose, determine the location of its school houses, and R.s.23,'28, adopt all necessary measures to purchase and procure land 1848,237. therefor, as provided in sections forty-seven, forty-eight G?s. 2 38% 3 4 7. and forty-nine of chapter twenty-five. P. S. 44, 47. GENERAL PROVISIONS. ff c co?io f r u a n tfo s ns SECTION 52. The provisions of this chapter shall not fs^Vflfu's an?ec t the right of any corporation established in a town to R. s. 23/59. manage any estate or funds given or obtained for the pur- Chap. 42.] THE PUBLIC SCHOOLS. 35 pose of supporting schools therein, or in any wise affect p'f'lff/l' such estate or funds. SECTION 53. Except as otherwise provided in their ^aptito f respective charters, the provisions of this chapter, so far apply to cities, T -, i i ii t , , except, etc. as applicable, shall apply to cities. G. s.ss, 41. P. S. 44, 51. USE OF ROOMS OR HALLS IN SCHOOL BUILDINGS FOR OTHER THAN SCHOOL PURPOSES. Chapter 367, Acts of 1911, provides as follows: SECTION 1. (As amended by chapter 820, Acts of 1912.) The Use of school school committee of any city or town which accepts the provisions jjjjjj school of this act shall grant the temporary use of rooms or halls in school purposes, buildings upon such terms and conditions and for such public or educational purposes, as the said school committee may deem wise: provided, however, that such use shall not in any way interfere or be Proviso, inconsistent with the use of the halls for school purposes, and that such use shall not be granted during the regular sessions of the school unless the means of egress have been approved for such purpose by an inspector of public buildings of the district police. SECTION 2. This act shall take effect in a city upon its acceptance Time of taking by a two thirds vote of the members of each branch of the city coun- effect ' cil or corresponding body of that city present and voting, and upon the approval of the mayor; and it shall take effect in a town upon its acceptance by a majority of the voters of the town present and voting thereon at an annual town meeting or at a special meeting called for the purpose. (Section 2 of chapter 320, Acts of 1912, repealed chapter 157, Acts of 1912.) USE OF PUBLIC SCHOOL PROPERTY FOR CERTAIN PURPOSES. Chapter 538, Acts of 1914, provides as follows: SECTION 1. Section one of chapter three hundred and ninety-one Use of public of the acts of the year nineteen hundred and thirteen is hereby for^rtSn Perty amended by striking out the words "that no admission fee is charged purposes and", in the tenth line, so as to read as follows : Section L For authoriaed - the purpose of promoting the usefulness of the public school prop- erty the school committee of any city or town may conduct such educational and recreation activities in or upon school property under its control, and shall allow the use thereof by individuals and associations, subject to such regulations as the school committee shall establish, for such educational, recreation, social, civic, philan- thropic and similar purposes as the committee may deem to be for the interest of the community, provided that such use shall not inter- fere or be inconsistent with the use of the premises for school purposes. SECTION 2. This act shall not apply to the city of Boston. toBo?ton ply SECTION 3. All acts and parts of acts inconsistent herewith are repeal, hereby repealed. 36 PUBLIC INSTRUCTION. [Chap. 43. Commissioner of education to forward forms, etc. 1845, 100. 1849, 65, 1, 2. 1850, 41. G. S. 34, 7; 40, 1. P. S. 41, 7; 46, 1. 1898, 496, 14. 1899, 111. 1900, 187. Commissioner of board of edu- cation to be notified of non- delivery. 1898, 496, 15. SCHOOL REGISTERS AND RETURNS. [Revised Laws, Chapter 43.] FORMS FOR CENSUS, REGISTERS AND RETURNS. SECTION 1. (As amended by section 1 of chapter 368, Acts of 1912.) The commissioner of education shall send forms for the school census required by section three, the school registers, forms for the returns to be made by school committees, the annual report of the board and his own annual report, as soon as they are ready for distri- bution, to the chairman of the school committee of each city and town, who shall, on receipt thereof, deliver them to the several persons charged with the duties in connec- tion therewith, and send to the commissioner of education a list of the private schools in the city or town and the names of their principals. The board of education may annually expend for the printing and distribution of said school registers and forms for returns of school committees such sums as shall be appropriated by the general court annually, payable out of the treasury of the commonwealth. SECTION 2. (As amended by section 2 of chapter 368, Acts of 1912.) The chairman of every school committee who does not receive blank forms of inquiry for school returns, on or before the fifth day of July, shall forthwith notify the commissioner of education thereof, who shall thereupon transmit them to him. 88! S? i874% 4 o3, p 87 s.46, 1901' 289* 3,4. ' 16> ' SCHOOL CENSUS. SECTION 3. (As amended by chapter 443, Acts of 1914-) The school committee of each city and town shall an- nually ascertain and record the names, ages and such other information as may be required by the board of education, ^ a ^ children between five and seven years of age, of all children between seven and fourteen years of age, of all children between fourteen and sixteen years of age, and of all minors over sixteen years of age who cannot read at sight and write legibly simple sentences in the English language, residing in its city or town on the first day of September, and such record shall be completed on or before the fifteenth day of November. Whoever, having under his control a minor over five years of age, with- holds information sought by a school committee or its Chap. 43.] SCHOOL REGISTERS AND RETURNS. 37 agents under the provisions of this section or makes a false statement relative thereto, shall be punished by a fine of not more than fifty dollars. FORM OF CERTIFICATE. SECTION 4. (As amended by chapter 368, Acts of 1912, chapter 356, Acts of 1918, and chapter 443, Acts of 1914.) The chairman of each school committee shall annually on amount raised or before the thirty-first day of July transmit to the com- sch 175 ' in the town (or city), according to the school census taken on the first day of September, last preceding the date of this certificate. Second. The number of persons in the average member- ship of the public schools of the town (or city), for the school year last preceding the date of the certificate, as determined by the rules of the state school register. Third. The amount of money raised by taxation by the town (or city), and expended during the fiscal year last preceding the date of the certificate for the support of the public schools, including the wages of teachers, the trans- portation of school children, fuel, the care of fires, school- rooms and school premises, repairs, supervision, text- books and supplies, and school sundries or incidentals, but excluding alterations of school buildings, other than re- pairs, and construction of schoolhouses and contributions for the support of public schools which may be received from the commonwealth or from other sources than local taxation, and also the total expenditures, classified, for the public schools during the school year last preceding the date of this certificate. Fourth. That the town (or city) has maintained during the school year last preceding the date of this certificate each of the schools, as required by section one of chapter forty-two of the Revised Laws, as amended by chapter one hundred and eighty-one of the acts of the year nine- teen hundred and eight, and by chapter five hundred and twenty-four of the acts of the year nineteen hundred and 38 PUBLIC INSTRUCTION. [Chap. 43. ctioL ofedu ~ Registers and returns. 1826, 143, 8. R. S. 23, 63, 1837, 227. 1838, 105, 6. 1846, 223, 3. 1850, 179. G. S. 40, 5. 1865, 142, 3. P. S. 46, 6, 7. 1898, 496, 18. 3 Cush. 549. ten, for a period of not less than thirty-two weeks, or twenty-eight weeks, if such reduction has been allowed under the provisions of the aforesaid section. Fifth. That the town (or city) has maintained, during the school year last preceding the date of this certificate, a high school, as required by section two of said chapter forty-two, for a period of months, days, as stated. The board of education is authorized and directed to prepare and furnish to school committees suitable forms of the certificate required by this section. SCHOOL REGISTERS AND SCHOOL RETURNS. SECTION 5. (As amended by section 4 of chapter 368, Acts of 1912.) School committees shall cause the school registers to be faithfully kept in all the public schools, and shall annually, on or before the last day of July, make returns on the aforesaid forms of inquiry to the commissioner of education; and school committees of towns shall also specify therein the purposes to which the money received by their respective towns from the income of the school fund has been appropriated. In such returns, twenty days, or forty half days of actual session, shall be counted as one month. Report of com- mittee. 1838, 105, 1. 1846, 223, 4. 1859, 57. G. S. 40, 6. P. S. 46, 8. 11 Gray, 340. 101 Mass. 142. REPORT OF THE SCHOOL COMMITTEE TO BE SENT TO THE COMMISSIONER OF EDUCATION. SECTION 6. -(As amended by section 5 of chapter 368, Acts of 1912.) They shall annually make a detailed report of the condition of the several public schools, which shall contain any statements or suggestions relative to the schools which the committee consider necessary or proper. They 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 commissioner of education on or before the last day of April, and shall deposit one copy in the office of the city or town clerk. when not made. 1853, 93, 1. G.S. 40, 7. 3, 9. P. 8. 46, FAILURE TO MAKE RETURNS OR REPORT. SECTION 7. (As amended by section 6 of chapter 368, Acts of 1912.) If a school committee fails, within the prescribed time, to make either the returns or the report Chap. 43.] SCHOOL REGISTERS AND RETURNS. 39 required of it by law, the commissioner of education shall forthwith notify it of such failure, and it shall immediately cause the same to be transmitted to him. IRREGULAR OR INCORRECT RETURNS. SECTION 8. (As amended by section 7 of chapter 368, Acts of 1912.) If a return is found to be irregular or in- it i vi i* i i lo, oj correct, the commissioner of education shall forthwith G. s. 40, s. return it, with a statement of all deficiencies therein, to the fsgl'mVao. school committee for correction, and it shall promptly correct and return it. PENALTY FOR FAILURE TO SEND RETURNS OR REPORT TO THE COMMISSIONER OF EDUCATION. SECTION 9. (As amended by section 8 of chapter 368, "S^mak Acts of 1912.) A town whose report or returns do not iffg*^* 3 * reach the office of the commissioner of education on or p-f-^'lfi before the fifteenth day of August shall forfeit ten per i89s,'496, 21*. cent of the income of the school fund to which it would otherwise have been entitled. If such report or returns do not reach said office before the first day of September, the town's share of said income shall be retained by the treasurer and receiver general, and shall be added to the principal of the school fund. A town which is not en- titled to a portion of the school fund, and a city, whose report or returns do not reach said office on or before the first day of September, shall forfeit to the school fund two hundred dollars. PENALTY ON SCHOOL COMMITTEE. SECTION 10. A 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 its duties rela- g 4 | ITS' 19 tive to the school report and school returns may withhold P.'s.'46,'i4.' the compensation of the committee. TEACHERS SHALL FAITHFULLY KEEP REGISTERS. SECTION 11. (As amended by section 9 of chapter 868, xlf JklTnot to Acts of 1912.) The several school teachers shall faithfully draw pay until ' , . , /. , , ., , , ^ return of regia- keep the registers of attendance daily, and make due ter. return thereof to the school committee or to such person as G. s. 4o,' is. the committee may designate. No teacher of a public &?,*$ school shall receive payment for services for the two weeks 1898> 4%> 5]19< 40 PUBLIC INSTRUCTION. [Chap. 44. preceding the close of any term until the register, properly filled up and completed is so returned. All registers shall be kept at the schools, and at all times during school hours shall be open to the inspection of the school com- mittee, the superintendent of schools, the truant officers and the commissioner of education and agents of the board of education. In reckoning the average membership and the percentage of attendance in the schools, no pupil's name shall be omitted in counting the number of persons belonging to the school and the number of absences of such persons until it is known that such pupil has with- drawn from the school without intention of returning or, in the absence of such knowledge, until ten consecutive days of absence have been recorded; but the foregoing provision for computing the average membership and the percentage of attendance shall not affect proceedings against habitual truants, absentees or school offenders, or other persons, under the provisions of section one of chapter forty-four, as amended by chapter three hundred and twenty of the acts of the year nineteen hundred and five, and by chapter three hundred and eighty-three of the acts of the year nineteen hundred and six, and sections three, four and five of chapter forty-six, as amended by chapter three hundred and thirty of the acts of the year nineteen hundred and three, and by chapter two hundred and twenty of the acts of the year nineteen hundred and four. A pupil who is not present during at least half of a session shall be marked and counted as absent for that session. Certain chil- dren to attend school. G. S.41, 1. 1873, 279, 1. 1874, 233, 1. P. S. 47, 1. 1889,464, 1. 1890, 384. 1891, 361. 1894, 188; 498, 1. 1898, 496, 12, SCHOOL ATTENDANCE. [Revised Laws, Chapter 44.] ATTENDANCE COMPULSORY BETWEEN SEVEN AND FOURTEEN YEARS OF AGE, AND UNDER SIXTEEN IN CERTAIN CASES. SECTION 1. (As amended by chapter 320, Acts of 1905, chapter 388, Acts of 1906, and section 1 of chapter 779, Acts of 1913.) Every child between seven and fourteen years of age, every child under sixteen years of age who does not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which he resides, and every child under sixteen years of age who has Chap. 44.] SCHOOL ATTENDANCE. 41 not received an employment certificate as provided in this 139 Mass. 374. act and is not engaged in some regular employment or 159 MaS*. 372! business for at least six hours per day or has not the written permission of the superintendent of schools of the city or town in which he resides to engage in profitable employment at home, shall attend a public day school in said city or town or some other day school approved by the school committee, during the entire time the public schools are in session, subject to such exceptions as are provided for in sections four, five and six of this chapter and in section three of chapter forty-two of the Revised Laws, as amended by chapter four hundred and thirty- three of the acts of the year nineteen hundred and two and by chapter five hundred and thirty-seven of the acts of the year nineteen hundred and eleven; 1 but such at- tendance shall not be required of a child whose physical or mental condition is such as to render attendance in- expedient or impracticable, or who is being otherwise instructed in a manner approved in advance by the super- intendent of schools or the school committee. The super- intendent of schools, or teachers in so far as authorized by said superintendent or by the school committee, may excuse cases of necessary absence for other causes not ex- ceeding five day sessions or ten half-day sessions in any period of six months. For the purposes of this section, Approval of P ri- school committees shall approve a private school only UTS, 279 ju. when the instruction in all the studies required by law is p 87 |. ^ 2 . in the English language, and when they are satisfied that }fjg' $* | \- such instruction equals in thoroughness and efficiency, }gg ^Jsf' 374' and in the progress made therein, the instruction in the public schools in the same city or town; but they shall not refuse to approve a private school on account of the religious teaching therein. SCHOOL ATTENDANCE REGULATED. SECTION 2. (As amended by section 2 of chapter 779, Acts of 1913.) Every person having under his control a penalty child as described in section one shall cause him to attend school as therein required, and, if he fails for five day sessions or ten half-day sessions within any period of six months while such control obtains, to cause such child so to attend school, he shall, upon complaint by an attendance 1 Also further amended by chapter 396, Acts of 1913, page 16 of this pamphlet. 42 PUBLIC INSTRUCTION. [Cbap. 44. officer and conviction thereof, be punished by a fine of not more than twenty dollars, and no physical or mental condition which is capable of correction, or which renders the child a fit subject for special instruction at public charge in institutions other than public day schools, shall avail as defence under the provisions of this or the preceding section, unless it shall be made to appear that the defendant has employed all reasonable measures for the correction of the condition and the suitable instruction of the child. ducfng y toab- n " Whoever induces or attempts to induce a child to absent sent himself un- himself unlawfully from school, or employs or harbors a lawfully from . i , . i n i .111 schools, etc. child while school is in session, shall be punished by a fine of not less than ten nor more than fifty dollars. WHERE CHILDREN HAVE A RIGHT TO ATTEND SCHOOL. Sa? r lttend dren SECTION 3. (As amended by chapter 268, Acts of 1911, i855 f 256'|f and sect i n 3 f chapter 779, Acts of 1913.) Every child 185?! 132! shall have a right to attend the public schools of the citv G. S. 41, 3, 9. , i i ,T p.s.47, 4, 10. or town where he actually resides, subject to the provisions 1894. 498, 4, . . . , , o sec ^.j on our o f .j^g cna pt e r, and to such reasonable i2 9 AUen,' 12?! regulations as to numbers and qualifications of pupils to 165 Mass! 46o! De admitted to the respective schools and as to other school matters as the school committee shall from time to time prescribe. No child shall be excluded from a public school of any city or town on account of race, color or religion. ATTENDANCE AT SCHOOLS IN PLACES OTHER THAN RESIDENCE. dSdJe n n a c t e f SECTION 4. (As amended by chapter 375, Acts of 1905, school in places chapter 268, Acts of 1911, and section A of chapter 779, other than resi- A r \-rini v dence of parents Acts of 1913.) It shall be the duty of the school com- ?egKed? ns mittee of each city or town to provide for the attendance G?s.4 3 i 2 ,'7. of all children of school age resident therein and to enforce p. 7 !'. ffiil' the same under the provisions of section one of this 1896* 382* ^' chapter. But if a child who is required by the provisions 1 ' ^ a ^ section one to attend school resides temporarily 104 164 Mas'! 430! in a city or town other than that of the legal residence of his parent or guardian for the especial purpose of attending school there in preference to the place of such legal residence, the said city or town may, for the tuition of such child during the period of such attendance, recover Chap. 44.] SCHOOL ATTENDANCE. 43 from the parent or guardian, whether he resides within or without the commonwealth, a sum equal to the average expense per pupil of such school for that period, unless under the provisions of section three of chapter forty-two of the Revised Laws, as amended by chapter four hundred and thirty-three of the acts of the year nineteen hundred and two, and by chapter five hundred and thirty-seven of the acts of the year nineteen hundred and eleven, 1 or of section five of chapter forty-four of the Revised Laws, such tuition is recoverable from the city or town in which the parent or guardian resides. A child who is not required by the provisions of section Tuition, one of this chapter to attend school may, in the discretion of the school committee, be required as a condition of admission to a school in a city or town other than that in which his parent or guardian has a legal residence, to pay as tuition a sum equal to the average expense per pupil in the school which such child seeks to enter, the same to be paid annually, semi-annually or at other periods in advance as the school committee may deter- mine. For the tuition in the public schools in any city or town Tuition. of any child between the ages of five and fifteen years who shall be placed elsewhere than in his own home by the state board of charity, or by the trustees of the Massa- chusetts training schools, or kept under the control of either of said boards in such city or town, the common- wealth shall pay to said city or town, and for such tuition of any such child so placed by the trustees for children of the city of Boston, or so kept under the control of said trustees, the city of Boston from its appropriation for school purposes, shall pay to said city or town fifty cents for each week of five days, or major part thereof, of attendance of every such child in the public schools, or, if the school committee of said city or town so desires, an amount equal to the average expense for each pupil of such school during the preceding year, for a period equal to the time during which the child so attends. For the transportation to and from a public school of Transportation. any child whose tuition is payable by the commonwealth or by the city of Boston under the provisions of this sec- tion, the commonwealth or the city of Boston, as the case 1 Also further amended by chapter 396, Acts of 1913. 44 PUBLIC INSTRUCTION. [Chap. 44. may be, shall pay to the city or town furnishing such transportation, for each week of five days or major part thereof, an amount equal to the average amount for each child paid by said city or town per week for the transporta- tion of children to and from school over the route by which such child is conveyed. Settlements of the accounts of the several cities and towns with the commonwealth and with the city of Boston shall be made annually on the first day of April, and the amounts found due shall be paid within three months thereafter. The money received by said cities and towns under the provisions of this section shall be applied to the support of schools. For the tuition in the public schools in any town of less than ten thousand inhabitants of any child between the ages of five and fifteen years not theretofore resident in such town, who is an inmate of an institution containing more than six inmates, such town may recover from said institution the additional school expense incurred, as may be determined jointly by the school committee of said town and the trustees or managers of said institu- tion, or, in case of disagreement between said school committee and said trustees or managers, as may be decreed by the probate court; but no demand shall be made upon said trustees or managers without a vote of the town instructing the school committee to that effect. Attendance SECTION 5. Any child, with the consent of the school outside place of . ' i i i i i857 de i32 e ' committee or the city or town in which he resides, may G. s. 4i,' 7. attend, at the expense of said city or town, the public p. s'. 47,'8.' schools of another city or town, upon such terms as may 1898,' 4%! 16. be satisfactory to the school committees of the cities or towns in interest. VACCINATION OF CHILDREN; ALSO EXCLUSION FROM SCHOOL ON ACCOUNT OF CONTAGIOUS DISEASE. cwidien tion f SECTION 6. (As amended by chapter 371, Acts of 1906, gbf-jj&tt an d chapter 215, Acts of 1907.) A child who has not been 1894,' 515! ' vaccinated shall not be admitted to a public school except upon presentation of a certificate granted for cause stated therein, signed by a regular practising physi- E uiisin n ho f use- ^^ ^ ia ^ ^ 6 * s no ^ ^ ^ su bj ec t ^ or vaccination. A child hoS ha?ing u a 3e ~ who is a member of a household in which a person is ill disease? 118 with smallpox, diphtheria, scarlet fever, measles, or any Chap. 45.] THE NAUTICAL TRAINING SCHOOL. 45 other infectious or contagious disease, 1 or of a household G 5 s. 4 4i 4 ,' l.' exposed to such contagion from another household as fggf*^* 9 ' aforesaid, shall not attend any public school during such JfJJ'Jjji 1 illness until the teacher of the school has been furnished Q,' 10. ' with a certificate from the board of health of the city or town, or from the attending physician of such person, stat- ing that danger of conveying such disease by such child has passed. REASONS TO BE GIVEN FOR EXCLUSION; ALSO DAMAGES FOR UNLAWFUL EXCLUSION. SECTION 7. The parent, guardian or custodian of a Exclusion from child who has been refused admission to or excluded from for, when. the public schools shall on application therefor be furnished 1355! 256,' 2-4. by the school committee with a statement in writing of the ; s ' 41> reasons for the exclusion. After a statement has been so f 3 - s - 47> n " furnished a child who has been so refused admission to or } 94 ' 493, 12- excluded from said schools may recover damages from the ISQS, 496^ 9. city or town in an action of tort for unlawful exclusion, ? Gray! 245! and may examine any member of the school committee ne or any other officer of the defendant city or town, upon H? MOM! 581.' interrogatories, as if he were a party to the action. 165 Mas3 - 460< PUPIL NOT TO BE EXCLUDED WITHOUT A HEARING. SECTION 8. A school committee shall not permanently ^f^j^jj exclude a pupil from the public schools for alleged mis- out hearing. conduct without first giving him an opportunity to be lf heard. THE NAUTICAL TRAINING 2 SCHOOL. [Revised Laws, Chapter 45.] SECTION 1. There shall be a board of commissioners of the Massachusetts nautical training school consisting of three citizens of the commonwealth, one of whom shall i^iTTolCiff. annually, before the first day of July, be appointed by the governor, with the advice and consent of the council, for a term of three years from said first day of July. SECTION 2. Said commissioners shall serve without ~ compensation, but they shall be reimbursed by the com- * m m 2 1 A list of diseases declared dangerous to the public health may be secured on appli- cation to the State Department of Health, State House, Boston. 2 See chapter 224, Acts of 1913, page 46 of this pamphlet, for change of name. 46 PUBLIC INSTRUCTION. [Chap. 45. Res. , 4. i89i402 5 1893,' 124! monwealth for all expenses actually incurred by them in the performance of their official duties. SECTION 3. They shall provide and maintain a nautical training school for the instruction and training of pupils in the science and practice of navigation, shall provide accommodations for the school on board a proper vessel, purchase and provide books, stationery, apparatus and supplies needed in the work of the school, appoint and remove instructors and other necessary employees, deter- mine their number and compensation, fix the terms and conditions upon which pupils shall be received and in- structed in the school and be discharged or dismissed therefrom, establish all regulations necessary for its proper management and shall from time to time provide for cruises in or from the harbor of Boston. 7e S Te a i8fro C mIhe SECTION 4. They may receive from the United States government, and use for the accommodation of the school, sucn vessels as the secretary of the navy may detail. SECTION 5. (As amended by chapter 171, Acts of ^903.) They may annually expend such sum as the general court may from year to year appropriate, which shall be paid by the commonwealth; and they shall annu- ally submit an estimate of the expense required in making cruises in or from the harbor of Boston, and the amount of said estimate, after approval by the governor and coun- cil and subject to the provisions of chapter six, shall be advanced to the commanding officer of the vessel detailed therefor, who shall give a bond in the sum of ten thousand dollars, with sureties approved by the governor and coun- cil, for its proper disbursement. Said advance shall not exceed ten thousand dollars for six months, and shall be accounted for by properly approved vouchers within thirty days after the termination of said cruises. SECTION 6. They shall annually, in January, report to the general court a detailed statement of all moneys ap- propriated and expended during the preceding year for the nautical training school, stating the results of the work during such year and making any necessary recommendations. TO CHANGE THE NAME OF THE MASSACHUSETTS NAUTICAL TRAIN- ING SCHOOL. Chapter 224, Acts of 1913, provides as follows: SECTION 1 . The Massachusetts nautical training school shall here- after be designated and known as the Massachusetts nautical school. SECTION 2. This act shall take effect upon its passage. f89?, U 4 a o2? Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 47 TRUANTS AND TRAINING SCHOOLS. [Revised Laws, Chapter 46.] UNION OF COUNTY TRAINING SCHOOLS. SECTION 1. (As amended by chapter 256, Acts of 1902, and section 5 of chapter 779, Acts of 1913.) The county commissioners of each county, except the counties of p^sUs.sw. Barnstable, Berkshire, Franklin, Hampshire, Dukes County isse', 232! and Nantucket, shall maintain either separately or jointly 1394! 498,' 10. with the commissioners of other counties as hereinafter HJeJeo. provided, in a suitable place, not at or near a penal insti- S'Jgg'. 22< tution, a school for the instruction and training of chil- dren committed thereto as habitual truants, absentees or school offenders. The county commissioners of two or more counties may, at the expense of said counties, estab- lish and maintain a union school which shall be organized .and controlled by the chairmen of the county commis- sioners of said counties. The chairmen of the respective boards of county commissioners of the counties of Norfolk, Bristol and Plymouth, having the management of the Norfolk, Bristol and Plymouth union training school, shall each be paid the sum of one hundred dollars annually by said counties, respectively. The county commissioners of the counties of Barnstable, Berkshire, Franklin, Hamp- shire, Dukes County and Nantucket shall assign a training school established by law as the place for the instruction and training of children committed within their respective counties as habitual truants, absentees or school offenders, and shall pay for their support in said school such reason- able sum as the county commissioners having control of said school may determine. For the purposes of this chapter the parental school : of the city of Boston shall be deemed the county training school of the county of Suf- folk, and commitments from the towns of Revere and Winthrop and the city of Chelsea shall be to the training school for the county of Middlesex. The city or town from which an habitual truant, ab- sentee or school offender is committed to a county train- ing school shall pay to the county within which it is situated one dollar a week toward his support, and reports 1 See chapter 738, ActS of 1914, page 54 of this pamphlet. 48 PUBLIC INSTRUCTION. [Chap. 46. of the condition and progress of its pupils in said school shall be sent each month to the superintendent of schools of such city or town; but the towns of Revere and Win- throp and the city of Chelsea shall pay to the county of Middlesex, for the support of each child committed to the training school of said county, two dollars and fifty cents a week, and such additional sums for each child as will cover the actual cost of maintenance. VISITATION BY STATE BOARD OF EDUCATION AND BY THE STATE BOARD OF CHARITY. SECTION 2. County truant schools shall be subject to 1898, 496, 23. visitation by the board of education and by the state board of charity, and said boards shall report thereon annually to the general court. Truant schools, visitation of. 2XS? 1 J889, 249, 1898J 495! 2^ 24! HABITUAL TRUANTS. SECTION 3. (As amended by chapter 330, Acts of 1903, chapter 220, Acts of 1904, and section 6 of chapter 779, Acts of 1913.} A child between seven and sixteen years of age who wilfully and habitually absents himself from school contrary to the provisions of section one of chapter forty-four of the Revised Laws, as amended, shall be deemed to be an habitual truant, and, unless placed on probation as provided in section seven of this chapter, may, upon complaint by an attendance officer and con- viction thereof, be committed to a county training school. HABITUAL ABSENTEES. SECTION 4. (As amended by chapter 330, Acts of 1903, 1898, 496, 25. chapter 220, Acts of 1904, and section 7 of chapter 779, Acts of 1913.) A child between seven and sixteen years of age who may be found wandering about in the streets or public places of any city or town, having no lawful occupation, habitually not attending school and growing up in idleness and ignorance, shall be deemed to be an habitual absentee, and, unless placed on probation as provided in section seven of said chapter forty-six may, upon complaint by an attendance officer or any other person, and conviction thereof, be committed to a county training school. Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 49 HABITUAL SCHOOL OFFENDERS. SECTION 5. (As amended by chapter 330, Acts of 1903, chapter 220, Acts of 1904, and section 8 of chapter 779, }gg;Jg;{f K Acts of 1913.) A child under sixteen years of age who ISQS! 490! 25! persistently violates the reasonable regulations of the school which he attends, or otherwise persistently mis- behaves therein, so as to render himself a fit subject for exclusion therefrom, shall be deemed to be an habitual school offender, and, unless placed on probation as pro- vided in section seven of said chapter forty-six may, upon complaint by an attendance officer and conviction thereof, be committed to a county training school. SUPPORT OF INMATES OF TRAINING SCHOOLS. SECTION 6. (As amended by section 9 of chapter 779, ^^ i ^. Acts of 1913.} The court or magistrate by whom a child ing schools. has been committed to a county training school may make an order relative to the payment by his parents to the county of the cost of his support while in said school, and may from time to time revise and alter such order or make a new order as the circumstances of the parents may justify. TRUANTS ON PROBATION. SECTION 7. A court or magistrate by whom a child has Placing truants i . , -i < > i j i p j i on probation. been convicted or an onence under the provisions 01 this isos, 496, 28. chapter may place such child on probation under the over- sight of a truant officer of the city or town in which the child resides, or of a probation officer of said court, for such period and upon such conditions as said court or magistrate may deem best; and if, within such period, the child violates the conditions of his probation, such truant officer or probation officer may, without warrant or other process, take the child before the court, and the court may thereupon sentence him or may make any other lawful disposition of the case. PERMITS TO BE AT LIBERTY; ALSO RELEASES. SECTION 8. (As amended by chapter $20, Acts of 1904, aUiblrt^ be and section 10 of chapter 779, Acts of 1913.) County }gg.5Jj-' * (* i i 1*1* n i / 11 loao, 49o, z.'J commissioners, if they think it will be for the best sso, i. interest of any child who has been committed to a county training school under their control, after notice 50 PUBLIC INSTRUCTION. [Chap. 46. and an opportunity to be heard has been given to the superintendent of schools, or, if there is no superintendent, to the school committee of the city or town from which such child was committed to said school, may permit him to be at liberty upon such conditions as said commissioners may deem best; or, with the approval of the court which imposed the sentence, they may discharge him from said school; and upon such parole or discharge they shall make an entry upon their records of the name of such child, the date of parole or discharge and the reason therefor; and a copy of such record shall be transmitted to the court or magistrate by whom such child was committed and to the school committee of the city or town from which he was committed . If such child, in the opinion of said commissioners, vio- lates the conditions of his parole at any time previous to the expiration of the term for which he was committed to said school, such parole may be revoked. If a superin- tendent of schools or a school committee furnishes evi- dence satisfactory to said commissioners of the violation by a child of the conditions of his parole, said commis- sioners shall revoke such parole, and may thereupon issue an order directed to the attendance or police officers of any city or town to arrest such child wherever found and return him to said school. Such officer shall arrest such child and return him to said school, where he shall be held, subject to the provisions of this chapter, for the residue of the term of the original sentence. The expense of such arrest and return, so far as ap- proved by the commissioners, shall be paid by the county or counties maintaining said school. A child who has been committed to a county training school, whether he be confined at the county training school or be on parole as provided in this section, shall be discharged from the custody and care of such school upon his becoming six- teen years of age. Releases from the parental school 1 of the city of Boston shall be governed by the provisions of chapter five hundred and fourteen of the acts of the year eighteen hundred and ninety-six, and shall be made by the trustees for children who shall have and exercise the powers given by said chapter to the institutions com- missioner of said city. 1 See chapter 738, Acts of 1914, page 54 of this pamphlet. Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 51 TEMPORARY RELEASE OF HABITUAL TRUANTS, ABSENTEES, OR SCHOOL OFFENDERS. SECTION 9. (As amended by chapter 308, Acts of 1903.) If a near relation of a child who is confined on ing school. a sentence as an habitual truant, habitual absentee or habitual school offender dies or is seriously ill, any member of the board of trustees or county commissioners having charge of the institution may order such child to be re- leased for a specified time, either with or without the cus- tody of the superintendent or other officer, and may revoke, extend or otherwise modify such order. The expenses incurred in serving such order shall be approved and paid in the same manner as other expenses of the institution in which the child is confined. DISPOSITION OF VICIOUS INMATES. SECTION 10. (As amended by chapter 330, Acts of 1903, and section 11 of chapter 779, Acts of 1913.) An inmate of a county training school or of the parental * school of the city of Boston who persistently violates the reasonable regulations thereof, or is guilty of indecent or immoral conduct, or otherwise grossly misbehaves, so as to render himself an unfit subject for retention therein, may, upon complaint by the officer in control of said school and con- viction thereof, if under fifteen years of age, be committed to the Lyman school for boys; if over fifteen years of age, to the industrial school at Shirley. If a girl who is com- mitted to the custody of the state board of charity under sections three, four or five of this chapter, proves un- manageable in a private family, she may be committed, by the state board of charity, to the state industrial school for girls. SUMMONSES, WARRANTS, JURISDICTION. SECTION 11. Police, district and municipal courts and ..-,.. n .. , , . trial justices shall have jurisdiction of offences arising P^S- |^ is. under the provision of section one of chapter forty-four and 1894,' 498,' is. j.1 xl_ l_ A iSSS, 496, 32. under the provisions of this chapter. A summons or warrant issued by such court or justice may be served, at the discretion of the court or magistrate, by a truant officer 2 1 See chapter 738, Acts of 1914, page 54 of this pamphlet. 2 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet. 52 PUBLIC INSTRUCTION. [Chap. 46. or by any officer qualified to serve criminal process. Upon complaint against a child for any such offence the parents, guardian or custodian of the child shall be notified as is required by section seventeen of chapter eighty-six. 1 A child against whom complaint as an habitual absentee is brought by any other person than a truant officer shall not be committed until notice and an opportunity to be heard have been given to the state board of charity. Attendance (truant) officers. 1873, 262, 2. 1874, 233, 2. P. S. 48, 11. 1894, 498, 20. 1898, 496, 33. ATTENDANCE OFFICERS. SECTION 12. (As amended by chapter 552, Acts of 1912, and chapter 711, Acts of 1912.) The school committee of every city and town shall appoint and fix the compen- sation of one or more truant officers, 2 who may be either male or female as the committee may decide, and shall make regulations for their government. Truant officers 2 shall not receive fees for their services. The school com- mittees of two or more cities or towns may employ the same truant officers. duties of. 1873, 262, 2. P. S. 48, 11. 1889, 422. 1894, 498, 23. 1898, 496, 34. DUTIES OF ATTENDANCE OFFICERS. SECTION 13. (As amended by section 12 of chapter 779, Acts of 1913.) Attendance officers shall inquire into all cases arising under the provisions of sections one, two, three, four and six of chapter forty-four and sections three, four, five and eight of this chapter, or of sections sixty-one, sixty-two, sixty-three or sixty-six of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, and may make complaints and serve legal processes issued under the provisions of this chapter. They shall have oversight of children placed on probation under the provisions of section seven; of children suffering want to whom the provisions of chapter three hundred and fifty-six 3 of the acts of the year nineteen hundred and four apply; of minors licensed by the school committee under the provisions of chapter four hundred and nine- teen z of the acts of the year nineteen hundred and ten and subsequent amendments thereof; and of children admitted to or attending shows or entertainments con- trary to the provisions of chapter five hundred and thirty- 1 See also section 4, chapter 413, Acts of 1906. z See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet. 3 See page 72 of this pamphlet. Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 53 two l of the acts of the year nineteen hundred and ten. An attendance officer may apprehend and take to school without a warrant any truant or absentee found wander- ing about in the streets or public places. ATTENDANCE OFFICERS. Chapter 779, Acts of 1913, amends certain sections of this chapter (chapter 46, Revised Laws), and includes three new sections, as follows : SECTION 13. The officers hitherto known as truant officers Truant officers shall hereafter be known as attendance officers, and all laws now attendance" &S or hereafter in force relative to truant officers shall apply to at- officers, tendance officers. MANUAL TRAINING AND INDUSTRIAL EDUCATION. SECTION 24. Nothing in this act shall be construed to prevent Children not children of any age from receiving manual training or industrial f ^^ F I 8 ceTvFn ed education in, or in connection with, any school in this common- manual train- wealth: provided, that the same has been duly approved by the ingi tCt local school committee or by the board of education. Proviso. SECTION 25. Chapter three hundred and eighty-nine of the Repeal. acts of the year nineteen hundred and six and chapter three hundred and ten of the acts of the year nineteen hundred and eleven and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. THE NAME OF THE ESSEX COUNTY TRUANT SCHOOL CHANGED TO THE ESSEX COUNTY TRAINING SCHOOL. Chapter 148, Acts of 1906, provides as follows: SECTION 1. The Essex County Truant School at Lawrence shall hereafter be called the Essex County Training School. SECTION 2. This act shall take effect upon its passage. NAME OF THE WORCESTER COUNTY TRUANT SCHOOL CHANGED TO THE WORCESTER COUNTY TRAINING SCHOOL. Chapter 194, Acts of 1907, provides as follows: SECTION 1. The Worcester County Truant School at West Boylston, shall hereafter be called the Worcester County Training School. SECTION 2. This act shall take effect upon its passage. CHANGE IN NAME OF CERTAIN TRUANT SCHOOLS. Chapter 103, Acts of 1908, provides as follows :- The truant school at Springfield in the county of Hampden, Certain truant the truant school at Chelmsford in the county of Middlesex, and the truant school at Walpole in the county of Norfolk shall here- after be called, respectively, the Hampden county training school, the Middlesex county training school, and the Norfolk, Bristol and Plymouth union training school; and any school hereafter es- 1 See page 73 of this pamphlet. 54 PUBLIC INSTRUCTION. [Chap. 46. Disciplinary day schools may be estab- lished in city of Boston. Construction, etc., of build- ings. Rules and regulations. Apprehension of truants, etc. Penalty for failure to cause child to attend school. Penalty for in- ducing child to absent him- self from school, etc. Commitment of certain offenders to Suffolk School for Boys. Proviso. tablished pursuant to section one of chapter forty-six of the Revised Laws relative to truants and truant schools shall be called a train- ing school. All laws now or hereafter in force relative to truants and truant schools shall apply to training schools and to commit- ments thereto. CHAPTER 738, ACTS OP 1914. AN ACT TO AUTHORIZE THE ESTABLISHMENT OF DISCIPLINARY DAY SCHOOLS IN THE CITY OF BOSTON AND THE ABOLITION OF THE PARENTAL SCHOOL OF SAID CITY. SECTION 1. The school committee of the city of Boston may establish and maintain one or more disciplinary day schools for the instruction and training of children who are habitual truants, absentees or school offenders as defined in sections three, four and five of chapter forty-six of the Revised Laws as amended by chapter three hundred and thirty of the acts of the year nineteen hundred and three and by chapter two hundred and twenty of the acts of the year nineteen hundred and four, and by sections six, seven and eight, respectively, of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen. SECTION 2. The board of schoolhouse commissioners of the city of Boston may erect and furnish such school buildings upon land now owned by the city and now used for school purposes or otherwise, or said board of schoolhouse commissioners may cause to be taken, in the same manner in which land is taken for school purposes, land in said city to be occupied by said school buildings and shall construct and furnish such school buildings thereon. SECTION 3. The school committee may adopt rules and regu- lations for the supervision and direction of such schools, and may also establish rules and regulations for placing children in such schools. SECTION 4. Any attendance officer may apprehend and take to any such school without a warrant any habitual truant, absentee or school offender who has been placed in such school under rules and regulations established by the school committee relating thereto. SECTION 5. Every person having under his control a child placed in any such school shall cause him to attend school as pro- vided in the rules and regulations of the school committee, and if he fails to cause such child so to attend school he shall, upon com- plaint of an attendance officer and upon conviction thereof, be punished by a fine of not more than ten dollars. Whoever induces or attempts to induce a child to absent himself from any such school, or employs or harbors a child while such school is in session, shall be punished by a fine of not less than five nor more than twenty dollars. SECTION 6. An inmate of any such school who persistently violates the reasonable regulations thereof, or who is generally of indecent or immoral conduct, or who otherwise grossly misbehaves, so as to render himself an unfit subject to attend such school, may, upon complaint by an attendance officer or by the officer in control of such school and conviction thereof, if under fifteen years of age, be committed to the Suffolk School for Boys: provided, however, that in no case shall the sentence be for a period of more than two years. Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 55 SECTION 7. All children confined in the parental school of the Transfer of city of Boston at the date when the schools herein provided for are j|JjJ SSSbi. established shall be transferred to the schools established by this act, and shall thereafter be required to attend such schools under the rules and regulations of the school committee. SECTION 8. One year after the completion and opening of the Parental school schools provided for in this act, the city of Boston is hereby au- ^ e a ied) thorized to sell or otherwise dispose of or to transfer to any de- partment of the city, to be used for municipal purposes, the land and buildings now occupied by the said parental school. Upon the sale or transfer of the property the parental school of the city of Boston shall be abolished, and said city of Boston and the county of Suffolk shall thereafter be exempt from the provisions of all laws relating to the maintenance of a county training school. SECTION 9. All acts and parts of acts relating to the commit- Repeal, ment of children to the parental school of the city of Boston are hereby repealed. SECTION 10. This act shall take effect when the schools herein Tj m e of taking provided for are ready for occupancy. The school committee shall e notify the mayor thereof, and the mayor may then issue his procla- mation establishing such schools as disciplinary day schools. EMPLOYMENT OF WOMEN AND CHILDREN. [Chapter 514, Acts of 1909.] GENERAL PROVISIONS. SECTION 17. The following words and phrases as used gf I ni f 6 ns - 8t in all laws relative to the employment of labor shall, unless a different meaning is plainly required by the con- text, have the following meanings : "Child" or "Minor" shall mean a person under eight- een years of age, except that in regard to the compulsory attendance of illiterate minors at day or evening schools, the word "Minor" shall mean a person under the age of twenty-one years. (The above paragraph is as amended by chapter 241, Acts of 1911, and Chapter 191, Acts of 1912.) "Factory" shall mean any premises where steam, water or other mechanical power is used in aid of any manufac- turing process there carried on. 56 PUBLIC INSTRUCTION. [Chap. 514. "Manufacturing establishments" shall mean any prem- ises, room or place used for the purpose of making, alter- ing, repairing, ornamenting, finishing or adapting for sale any article or part of an article. "Mechanical establishments" shall mean any premises, other than a factory as above defined, in which machinery is employed in connection with any work or process car- ried on therein. "Mercantile establishments" shall mean any premises used for the purposes of trade in the purchase or sale of any goods or merchandise, and any premises used for the purposes of a restaurant or for publicly providing and serving meals. "Workshop" shall mean any premises, room or place, which is not a factory as above defined, wherein manual labor is exercised by way of trade or for purposes of gain in or incidental to a process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the persons working therein has the right of access or control; but the exercise of such manual labor in a private house or private room by the family dwelling therein or by any of them or if a majority of the persons therein employed are members of such fam- ily, shall not of itself constitute such house or room a workshop within this definition. WHEN AND WHERE CHILDREN UNDER FOURTEEN YEARS OF AGE SHALL NOT BE EMPLOYED. SECTION 56. (As amended by section 14 of chapter 719, s Acis f 1913 > and Section 1 f chapter 831, acts of 1913.) No i905,'267, i. " minor under fourteen years of age shall be employed or 906f28 ' permitted to work in or about or in connection with any factory, workshop, manufacturing, mechanical or mer- cantile establishment, barber shop, bootblack stand or establishment., public stable, garage, brick or lumber yard, telephone exchange, telegraph or messenger office or in the construction or repair of buildings, or in any contract Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 57 or wage earning industry carried on in tenement or other houses. No minor under fourteen years of age shall be employed at work performed for wage or other compensa- tion, to whomsoever payable, during the hours when the public schools are in session or shall be employed at work before half past six o'clock in the morning or. after six o'clock in the evening. PROVISIONS RELATING TO EMPLOYMENT OF CHILDREN BETWEEN FOURTEEN AND SIXTEEN YEARS OF AGE. SECTION 57. (As amended by section 15 of chapter 779, Acts of 1913.) No child between fourteen and sixteen years of age shall be employed or be permitted to work teen. in, about or in connection with any factory, workshop, manufacturing, mechanical or mercantile establishment unless the person, firm or corporation employing such child procures and keeps on file accessible to the attend- ance officers of the city or town, to agents of the board of education, and to the state board of labor and industries or its authorized agents or inspectors, the employment certificate as hereinafter provided issued to such child, and keeps a complete list of the names and ages of all such children employed therein conspicuously posted near the principal entrance of the building in which such children are employed: provided, however, that children who are Proviso. over fourteen but under sixteen years of age shall be per- mitted to work in mercantile establishments on Saturdays between the hours of seven in the morning and six in the evening, without such certificate. On termination of the employment of a child whose employment certificate is on file, said certificate shall be returned by the employer within two days after said termination to the office of the superintendent of schools from which it was issued. EMPLOYMENT CERTIFICATE; CERTAIN PAPERS TO BE FILED BEFORE EMPLOYMENT CERTIFICATE IS ISSUED. SECTION 58. (As amended by section 3 of chapter 257, Employment Acts of 1910, chapter 269, Acts of 1911, and section 16 of i*n,te. chapter 779, Acts of 1913.) An employment certificate shall be issued only by the superintendent of schools or by a person authorized by him in writing, or, where there is no superintendent of schools, by a person authorized in writing by the school committee, of the city or town where 58 PUBLIC INSTRUCTION. [Chap. 514. Proviso. the child to whom it is issued resides during his employ- ment, or in case the child resides outside the common- wealth, of the city or town in which the child is to be employed: provided, that no member of a school com- mittee or other person authorized as aforesaid shall have authority to issue such certificate for any child then in, or about to enter, such person's own employment or the employment of a firm or corporation of which he is a member, officer or employee. ^e P erson issuing employment certificates shall in each fore Certificate case, before issuing a certificate, receive, examine, approve and file the following papers, duly executed: (1) A pledge or promise signed by the employer or by an authorized manager or superintendent, setting forth the character of the employment, the number of hours per day during which the child is to be regularly employed and the name and address of the employer, in which pledge or promise the employer agrees to employ the child in accordance with the provisions of this act, and to return the employment certificate as provided in section fifty-seven. (2) The school record of such child, properly filled out and signed as hereinafter provided. (3) A certificate signed by a school or family physician, or by a physician appointed by the school committee, stating that the child has been thoroughly examined by said physician and, in his opinion, is in sufficiently sound health and physically able to perform the work which the child intends to do. (4) Evidence of age showing that the child is fourteen years of age, which shall consist of one of the following proofs of age: (a) A birth certificate, or a duly attested transcript thereof, made by a registrar of vital statistics or other officer charged with the duty of recording births. (6) A baptismal certificate, or a duly attested transcript thereof, showing the age and date of baptism of the child. (c) In case none of the aforesaid proofs of age is ob- tainable, and only in such case, the person issuing em- ployment certificates may accept in lieu thereof a passport or a duly attested immigration record, or transcript thereof, showing the age of the child, or other official or Proviso. religious record of the child's age: provided, that it shall appear to the satisfaction of said person that the same is good and sufficient evidence of the child's age. Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 59 (d) In case none of the aforesaid proofs of age is ob- tainable, and only in such case, the person issuing employ- ment certificates may accept in lieu thereof a record of age as given on the register of the school which the child first attended in the commonwealth: provided, that such Proviso, record was kept for at least two years during the time when such child attended school. (e) In case none of the aforesaid proofs of age is obtain- able, and only in such case, the person issuing employ- ment certificates may receive the signed statement of the school physician, or of the physician appointed by the school committee, stating that, after examination, it is the opinion of such physician that the child is at least four- teen years of age. Such physician's statement shall be accompanied by a statement signed by the child's parent, guardian or custodian, or in case such child has no parent, guardian or custodian, the signed statement of the next adult friend. Such signed statement shall contain the name, date and place of birth and residence of the child, and shall certify that the parent, guardian, custodian or next friend signing the statement is unable to produce any of the proofs of age specified in this section. Such statement shall be signed in the presence of the person issuing employment certificates by the parent, guardian, custodian, or next friend. The person issuing employ- ment certificates may, before issuing a certificate, require the parent, guardian, custodian, or next adult friend of the child to appear and approve in writing the issuance of said certificate. CHARGING OF FEES FOR CERTIFICATES RELATING TO MINORS PROHIBITED. Chapter 316, Acts of 1914, provides as follows: It shall be unlawful for any city or town clerk or other official to charge any fee for a certificate relating to the age or place of birth of any minor or to any other fact sought to be established in relation to school attendance, but such certificates shall be issued, upon request, by any city or town clerk. SCHOOL RECORDS. SECTION 59. (As amended by section 17 of chapter 779, School Records. Acts of 1918, and chapter 580, Acts of 1914.) The school record required by section sixteen 1 of this act shall be 1 See section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet. 60 PUBLIC INSTRUCTION. [Chap. 514. filled out and signed by the principal or teacher in charge of the school which the child last attended and shall be furnished only to a child who, after due examination and investigation, is found to be entitled thereto. Said school record shall state the grade last completed by such child and the studies pursued in completion thereof. It shall state the number of weeks during which such child has attended school during the twelve months next pre- ceding the time of application for said school record. It shall also give the name, date of birth, and the residence of the child as shown on the records of the school and the name of the parent, guardian or custodian. In case it is found to be impossible to obtain said school record from the principal or teacher in charge of the school which such child last attended, the requirement of a school record may be waived. No such school record shall be issued or accepted, and no employment certificate shall be granted unless the child possesses the educational qualifications enumerated in section one of chapter forty-four of the Revised Laws as amended by section one of this act. 1 No such school record shall be issued or accepted unless the child has regularly attended the public schools or other lawfully approved schools for not less than one hundred and thirty days after becoming thirteen years of age: provided, however, that the school record may be accepted in the case of a person who has been an attendant at a public day school or other lawfully approved school for a period of not less than seven years, if in the opinion of said superintendent such person is mentally incapable of acquiring the educational qualifications herein prescribed; and provided, further, that the superintendent of schools shall have authority to suspend this requirement in any case when, in his opinion, the interests of the child will best be served by such suspension. SECTION 60. (As amended by section 4 f chapter 257, contain certain Acts of 1910, and section 18 of chapter 779, Acts of 1913.) information, ' ' . \ ' I'M The employment certificate required by this act shall state the name, sex, date and place of birth and the place of residence of the child and describe the color of the hair and eyes and any distinguishing facial marks of the child. It shall certify that the child named in such certificate Provisos. Employment certificate to etc. 1 See section 1, chapter 44, Revised Laws, as amended, page 40 of this pamphlet. Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 61 has personally appeared before the person issuing the certificate and has been examined and found to possess the educational qualifications enumerated in section one l of chapter forty-four of the Revised Laws, as amended [by section one of this act], and that alt the papers required by section fifty-eight have been duly examined, approved and filed and that all the conditions and requirements for issuing an employment certificate have been fulfilled. It shall state the grade last completed by said child. Every such certificate shall be signed in the presence of the person issuing the same by the child in whose name it is issued. It shall state the name of the employer for whom, and the nature of the employment in which, the certificate authorizes the child to be employed. It shall bear a num- ber, show the date of its issue and shall be signed by the person issuing it. No fee shall be exacted for an employ- ment certificate or for any of the papers required by this act. Duplicate employment certificates shall not be issued until it shall appear to the satisfaction of the person au- thorized to issue certificates that the original certificate has been lost. A record giving all the facts contained on Certain records every employment certificate issued shall be filed in the office issuing the same, together with the papers required by section fifty-eight as amended. A record shall also be kept of the names and addresses of all children to whom certificates have been refused, together with the names of the schools which said children should attend and the reasons for refusal. All the aforesaid records and papers shall be preserved until such children, if living, shall have become sixteen years of age. Such records and statistics concerning the issuance of employment certificates as may be prescribed by the board of education shall be kept and shall be open to the inspection of said board, its officers or agents. The blank certificates and other papers re- Blank certifl- quired in connection with the issuing of employment cer- SSshed'by bc tificates and educational certificates under this act shall KSSSdfn? be designed by and furnished to the local school com- du3tries . etc - mittees by the state board of labor and industries after conference with the board of education, and the approval of the forms thereof by the attorney-general. Said cer- tificates and papers may bear such further and explana- tory matter as may be needed to facilitate the enforce- 1 See section 1, chapter 44, Revised Laws, as amended, page 40 of this pamphlet. 62 PUBLIC INSTRUCTION. [Chap. 514. Penalties for violation of law as to em- ployment of children, etc. Attendance officers may visit factories, workshops, etc. Duties of inspectors. ment of this act or to comply with future legislative requirements. SECTION 61. (.4s amended by chapter 249, Acts of 1910, and section 19 of chapter 779, Acts of 1913.) Whoever employs a person under the age of sixteen years, and who- ever procures or, having under his control a person under sixteen years of age, permits such person to be employed in violation of the provisions of sections fifty-six or fifty-seven of this act, shall for each offence be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment for not more than thirty days; and whoever continues to employ a person under sixteen years of age in violation of the provisions of either of said sections, after being notified thereof by a school attendance officer or by an inspector appointed by the state board of labor and industries, shall for every day thereafter while such employment continues be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than sixty days; and whoever forges, or procures to be forged, or assists in forging a certificate of birth or other evidence of the age of such person, and whoever presents or assists in presenting a forged certificate or evidence of birth to the superintendent of schools or to a person authorized by law to issue certificates, for the purpose of fraudulently ob- taining the employment certificate required by this act, shall be punished by a fine of not less than ten nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprison- ment. Whoever, being authorized to sign an employment certificate, knowingly certifies to any materially false statement therein shall be punished by a fine of not less than ten nor more than two hundred dollars. SECTION 62. (As amended by section 20 of chapter 77 9 1 Acts of 1913.) Attendance officers may visit the factories, workshops, manufacturing, mechanical and mercantile establishments, theatres, and places of public exhibition in their several cities and towns and ascertain whether any children are employed therein contrary to the provi- sions of this act and shall report in writing any cases of such illegal employment to the superintendent of schools or the school committee and to the state board of labor and industries or its authorized officers or agents. In- spectors appointed by the state board of labor and indus- Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 63 tries shall visit all factories, workshops, manufacturing, mechanical and mercantile establishments within their respective districts, and ascertain whether any children are employed therein contrary to the provisions of this act, and shall enter complaint against whomever is found to have violated any of said provisions. An inspector Penalty, who knowingly or wilfully violates any provision of this section may be punished by a fine of not more than one hundred dollars. SECTION 63. (As amended by section 21 of chapter 779, 4ndfnce y officer Acts of 1913.} An attendance officer shall apprehend and o^h take to school, without a warrant, any child under the age ployed, of twenty-one years who is employed in any factory, work- shop, manufacturing, mechanical or mercantile establish- ment in violation of the provisions of this act, or who is employed in any theatre or place of public exhibition con- trary to the provisions of this act, and such attendance officer shall forthwith report to the police, district or municipal court or trial justice within whose judicial district the illegal employment occurs, the evidence in his possession relating to the illegal employment of any child so apprehended, and shall make complaint against whom- ever the court or trial justice may direct. An attendance Penalty, officer who knowingly and wilfully violates any provision of this section may be punished by a fine of not more than one hundred dollars for each offence. SECTION 64. (As amended by section 22 of chapter 779 of the Acts of 1913.) Inspectors appointed by the state board of labor and industries, agents of the board of inspection. education and attendance officers may require that the employment or educational certificates and lists of chil- dren who are employed in factories, workshops, manu- facturing, mechanical or mercantile establishments shall be produced for their inspection. A failure to produce to Effect of refusal. any person authorized by this section who requests the same an employment or educational certificate or list required by law shall be prima facie evidence of the illegal employment of any person whose certificate is not pro- duced or whose name is not so listed. A corporation or Penalty, other employer, or any agent or officer thereof, who retains an employment or educational certificate in violation of the provisions of this act shall be punished by a fine of not less than ten nor more than one hundred dollars. 64 PUBLIC INSTRUCTION. [Chap. 514. courts! 011 f SECTION 65. Police, district and municipal courts and 1906, 499, 5. trial justices shall have jurisdiction of offences arising under the provisions of the four preceding sections. A summons or warrant issued by any such court or justice may be served, at the discretion of the court or magistrate, by an inspector of factories and public buildings, or by a truant officer, or by any officer qualified to serve criminal process. Employment of minors over sixteen and under twenty- one years of age. Educational certificates, issue, etc. Proof of age required, etc. Illiterate minors not to be em- ployed unless attending even- ing school, etc. EMPLOYMENT OF MINORS BETWEEN SIXTEEN AND TWENTY- ONE YEARS OF AGE; EVENING SCHOOL ATTENDANCE REQUIRED. SECTION 66. (As amended by section 23 of chapter 779, Acts of 1913.) No child who is over sixteen and under twenty-one years of age shall be employed in a factory, workshop, manufacturing, mechanical or mercantile estab- lishment unless his employer procures and keeps on file an educational certificate showing the age of the child and his ability or inability to read and write as hereinafter provided. Such certificates shall be issued by the person authorized by this act to issue employment certificates. The person authorized to issue such educational cer- tificates shall, so far as is practicable, require the proof of age stated in section fifty-eight. He shall examine the child and certify whether or not he possesses the educa- tional qualifications enumerated in section one of chapter forty-four of the Revised Laws, as amended. Every such certificate shall be signed in the presence of the person issuing the same by the child in whose name it is issued. Every employer of such children shall keep their educa- tional certificates accessible to any officer authorized to enforce the provisions of this act and shall return said certificates to the office from which they were issued within two days after the date of the termination of the employment of said children. If the educational certifi- cate of any child who is over sixteen and under twenty- one years of age fails to show that said child possesses the educational qualifications enumerated in section one of chapter forty-four of the Revised Laws, as amended, then no person shall employ such child while a public evening school is maintained in the city or town in which the child resides, unless such child is a regular attendant at such evening school or at a day school, and presents to Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 65 his employer each week a school record of such attendance. When such record shows unexcused absences, such at- tendance shall be deemed to be irregular and insufficient. The person authorized to issue educational certificates, or teachers acting under his authority, may, however, excuse justifiable absence. Whoever employs a child in violation Penalties. of the provisions of this section shall forfeit not more than one hundred dollars for each offence, to the use of the evening schools of such city or town. A parent, guardian or custodian who permits a child to be employed in viola- tion of the provisions of this section shall forfeit not more than twenty dollars, to the use of the evening schools of such city or town. ATTENDANCE OF ILLITERATE MINORS BETWEEN THE AGES OF SIXTEEN AND TWENTY-ONE YEARS IN A PUBLIC EVENING SCHOOL. Chapter 467, Acts of 1913, provides as follows: SECTION 1. Every illiterate minor between sixteen and twenty- Attendance of one years of age shall attend some public evening school in the city or town in which he resides for the whole time during which the ing school, public evening schools are in session: provided, that such city or town maintains a public evening school. Attendance at a public day school, or at a private school approved for the purpose by the school committee, shall exempt such minor from attending a public evening school. This act shall not affect any existing laws regard- - ing the compulsory school attendance of illiterate minors or their e> employment, but shall be in addition to such laws. SECTION 2. An illiterate minor who wilfully violates any provision Penalty upon of this act shall be punished by a fine of not less than five dollars. mmor - SECTION 3. Every person having under his control an illiterate Penalty upon minor between sixteen and twenty-one years of age shall cause i * j_ j j i 11* ill i mm to attend a public evening school as hereby required; and if such person fails for six sessions within a period of one month to cause the minor so to attend school, unless the minor's physical or mental condition is such as to render his attendance at school harmful or impracticable, such person shall, upon complaint by a truant officer and conviction thereof, be punished by a fine of not more than twenty dollars. SECTION 4. Whoever induces or attempts to induce such Penalty for minor to absent himself unlawfully from school, or employs such emp^ing a minor except as is provided by law, or harbors such a minor who, minor, etc. while school is in session, is absent unlawfully therefrom, shall be punished by a fine of not more than fifty dollars. PUBLIC EXHIBITION OF CHILDREN. SECTION 76. No person shall employ, exhibit or sell, Exhibition of , 1*11 nn children pro- apprentice or give away, a child under fifteen years of age Mbited. for the purpose of employing or exhibiting him in dancing R 66 PUBLIC INSTRUCTION. [Chap. 514. on the stage, playing on musical instruments, singing, walking on a wire or rope, or riding or performing as a gymnast, contortionist or acrobat in a circus, theatrical exhibition or in any public place, or cause, procure or en- courage such child to engage therein; but the provisions of this section shall not prevent the education of children in vocal and instrumental music or dancing or their employ- ment as musicians in a church, chapel, school or school exhibition, or prevent their taking part in any festival, concert or musical exhibition upon the special written per- mission of the mayor and aldermen of a city or of the selectmen of a town. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. r L eS eS for ** SECTION 77. A license shall not be granted for a theat- when csh ws ' r i ca l exhibition or public show in which children under R. L. ice, 46. fifteen years of age are employed as acrobats or contortion- ists or in any feats of gymnastics or equestrianism, or in which such children who belong to the public schools are employed or allowed to take part as performers on the stage in any capacity, or if, 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 health; but the provisions of this section shall not prevent the granting of special permission authorized by the pre- ceding section. CHAPTER 831, ACTS OF 1913. In addition to amending (by section 1) section 56 of chapter 514 (as amended), Acts of 1909, this chapter further provides as fol- lows: MINORS UNDER SIXTEEN. which enTk)" 1 SECTION 2. No minor under sixteen years of age shall be em- ment of 'nunore ployed 05 permitted to work in operating or assisting in operating fOTb?dden teen " an ^ ^ ^ ne fU w i n g machines: (1) circular or band saws, (2) wood shapers, (3) wood jointers, (4) planers, (5) picker machines or machines used in picking wool, cotton, hair or any other material, (6) paperlace machines, (7) leather burnishing machines, (8) job or cylinder printing presses operated by power other than foot power, (9) stamping machines used in sheet metal and tinware or in paper or leather manufacturing or in washer and nut factories, (10) metal or paper cutting machines, (11) corner staying machines in paper box factories, (12) corrugating rolls such as are used in corrugated paper or in roofing, or washboard factories, (13) steam Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 67 boilers, (14) dough brakes or cracker machinery of any description, (L5) wire or iron straightening or drawing machinery, (16) rolling mill machinery, (17) power punches or shears, 18) washing or grinding or mixing machinery, (19) calender rolls in paper and rubber manufacturing or other heavy rolls driven by power, (20) laundering machinery, (21) upon or in connection with any dangerous electrical machinery or appliances. SECTION 3. No minor under sixteen years of age shall be em- Same subject, ployed or permitted to work in any capacity in adjusting, or assist- ing in adjusting any hazardous belt to any machinery, or in oiling or cleaning hazardous machinery, or in proximity to any hazardous or unguarded belts, machinery or gearing while such machinery or gearing is in motion; nor on scaffolding; nor in heavy work in the building trades; nor in stripping, assorting, manufacturing or packing tobacco; nor in any tunnel; nor in a public bowling alley; nor in a pool or billiard room. SECTION 4. The state board of labor and industries may from Duties of state time to time, after a hearing or hearings duly held, determine whether or not any particular trade, process of manufacture or occupation in which the employment of minors under the age of sixteen years is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture or occu- Eation, is sufficiently dangerous or is sufficiently injurious to the ealth or morals of minors under sixteen years of age to justify their exclusion therefrom. No minor under sixteen years of age shall be employed or permitted to work in any trade, process or occupation thus determined to be dangerous or injurious to such minors. MINORS UNDER EIGHTEEN. SECTION 5. No minor under eighteen years of age shall be em- Occupations in ployed or permitted to work: (1) in or about blast furnaces; (2) payment of" in the operation or management of hoisting machines ; (3) in oiling minors under or cleaning hazardous machinery in motion; (4) in the operation SSufeJ! 1 " or use of any polishing or buffing wheel; (5) at switch tending; (6) at gate tending; (7) at track repairing; (8) as a brakeman, fireman, engineer, motorman or conductor upon a railroad or rail- way; (9) as a fireman or engineer upon any boat or vessel; (10) in operating motor vehicles of any description; (11) in or about establishments wherein gunpowder, nitro-glycerine, dynamite or other high or dangerous explosive is manufactured or compounded; (12) in the manufacture of white or yellow phosphorus or phosphorus matches; (13) in any distillery, brewery, or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; (14) in that part of any hotel, theatre, concert hall, place of amusement or other establishment where intoxicating liquors are sold. The provisions of this section shall not prohibit Not to prohibit the employment of minors in drug stores. dwS? in SECTION 6. The state board of labor and industries may from Duties of state time to time, after a hearing or hearings duly held, determine board of labor whether or not any particular trade, process of manufacture or industries, occupation, in which the employment of minors under the age of eighteen years is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture or occu- 68 PUBLIC INSTRUCTION. [Chap. 514. sixen pation, is sufficiently dangerous or is sufficiently injurious to the health or morals of minors under eighteen years of age to justify their exclusion therefrom. No minor under eighteen years of age shall be employed or permitted to work in any trade, process or occupation thus determined to be dangerous or injurious to such minors. PERSONS UNDER TWENTY-ONE. SECTION 7. No person under twenty-one years of age shall be twenty-one. employed or permitted to work in, about or in connection with any saloon or bar room where alcoholic liquors are sold. No such person in any employment shall knowingly be taken, sent or caused or permitted to be sent, to any disorderly house or house of prosti- tution or assignation or other immoral place of resort or amusement. SECTION 8. No minor under sixteen years of age shall be em- ployed or permitted to work in, about or in connection with any establishment or occupation named in section one for more than six days in any one week, nor more than forty-eight hours in any one week, nor more than eight hours in any one day, nor before the hour of half-past six o'clock in the morning, nor after the hour of six o'clock in the evening of any day. SECTION 9. No boy under the age of eighteen years and no girl under the age of twenty-one years shall be employed or permitted to work in, about or in connection with any establishment or occu- pation named in section one for more than six days in any one week, nor more than fifty-four hours in any one week, nor more than ten hours in any one day, nor before the hour of five o'clock in the morning, nor after the hour of ten o'clock in the evening, nor in the manufacture of textile goods after the hour of six o'clock in the evening. s SECTION 10. Except for the delivery of messages directly twent-one connected with the business of conducting or publishing a news- messengers, etc. paper, to a newspaper office or directly between newspaper offices, no person under the age of twenty-one years shall be employed or permitted to work as messenger for a telegraph, telephone or messenger company in the distribution, transmission or delivery of goods or messages before five o'clock in the morning or after ten o'clock in the evening of any day. of minors in trade? st Requirements ' STREET TRADES. SECTION 11. No boy under twelve years of age and no girl under eighteen years of age shall, in any city having a population of over fifty thousand inhabitants, sell, expose or offer for sale any news- papers, magazines, periodicals, or any other articles of merchandise of any description, or exercise the trade of bootblack or scavenger, or any other trade, in any street or public place. ^ SECTION 12. No boy under sixteen years of age shall, in any pty having a population of over fifty thousand inhabitants, engage in any of the trades or occupations mentioned in the preceding section, unless he complies with all of the provisions of this act and with all of the legal requirements concerning school attendance, and unless a badge as hereinafter provided shall have been issued to him by the officer authorized to issue employment certificates in the city or town where such boy resides. Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 69 SECTION 13. Such badge shall not be issued until the officer issue of badges, issuing the same shall have received, examined, approved and filed et evidence that such boy is twelve years of age or upwards, which shall consist of the proof of age required for the issuing of an em- ployment certificate. Such officer may refuse to issue such badge to any boy who, in his opinion after due investigation, is found to be physically or mentally incompetent or unable to do such work in addition to the regular school attendance required by law. SECTION 14. The badge herein required shall be worn, con- Badges not spicuously exposed at all times, by such boy while so working, ^c! 18 No boy to whom the said badge has been issued shall transfer the same to any other boy. He shall exhibit the same upon demand at any time to any officer charged with the duty of enforcing the provisions of this act which relate to street trades. The school committee of any city may make further regulations and require- ments for the issuance of the badge required by this act. SECTION 15. No boy under sixteen years of age shall engage Hours of in any of the trades or occupations mentioned in section eleven in employment, any street or public place after nine o'clock in the evening or before five o'clock in the morning of any day, nor, unless provided with an employment certificate, during the hours when the public schools in the city where such boy resides, or the schools which such boy attends, are in session. ENFORCEMENT. SECTION 16. Except as provided in section seventeen, every to be posted, person employing any minor in any establishment mentioned in e Ct this act shall post and keep posted in a conspicuous place in the room where such minor is employed or permitted to work a printed notice stating the number of hours such minor is required or per- mitted to work on each day of the week, with the total for the week, the hours of commencing and stopping work and the hours when the time allowed for meals begins and ends for each day of the week. The employment of any minor at any time other than as stated in said printed notice shall be deemed a violation of the provisions of this section. The terms of such notice for any week or part thereof shall not be changed after the beginning of labor on the first day of the week, without the written consent of the com- missioner of labor. SECTION 17. Every employer who employs any minor subject List of minor to the provisions of this act and who is engaged in furnishing public ^ service shall post in a conspicuous place in every room in which file, etc. such persons are employed a printed notice stating separately the hours of employment for each shift or tour of duty and the time allowed for meals. A list by name of minor employees, stating in which shift each is employed, shall be kept on file at each place of employment for inspection by employees and officers charged with the enforcement of the law. The provisions of this act, so far as they relate to hours of em- Certain pro- ployment of minors of eighteen years or over, shall not apply to appTy^in cas'es such employers in cases of extraordinary emergency or extraordinary of extraordinary public requirement, but in such cases no employment contrary to emergency, etc. 70 PUBLIC INSTRUCTION. [Chap. 514. Printed forms of laws to be furnished, etc. Duties of in- spectors, etc. the provisions of this act shall be considered as legalized until a written report of the day and hour of its occurrence and its duration is sent to the commissioner of labor. SECTION 18. The state board of labor and industries, after approval by the attorney-general, shall furnish the printed forms of the laws and notices required by this act, upon application, to all persons required to post the same. The inspectors of the state board of labor and industries shall visit and inspect the places of employment mentioned in this act and shall ascertain whether any minors are employed therein contrary to the provisions of this act, and shall prosecute violations thereof. They shall report to the school authorities any cases of children under sixteen years of age discharged for illegal employ- ment. Any person shall have the right to prosecute violations of this act. Enforcement of SECTION 19. The provisions of this act relating to minors Jet engaged in the occupations mentioned in section eleven shall be enforced by the truant officers and school attendance officers, who are hereby vested with full police power for the purpose, and by police officers. The school committee of each city may appoint or designate one or more special truant or attendance officers to have supervision over minors engaged in such occupations and over the enforcement of the said provisions. Penalties for unlawful em- ployment of minors. for hindering inspectors, etc. Penalty for furnishing articles for un- lawful sale by minors, etc. PENALTIES. SECTION 20. Any person who, whether by himself or for others, or through agents, servants or foremen employs, induces or permits any minor to work contrary to any of the provisions of this act, shall be deemed guilty of a misdemeanor, and shall, for a first offence, be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment; and for a second or subsequent offence, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than sixty days, or by both such fine and imprisonment. The employment of any minor in violation of any provision of this act after the person employing such minor has been notified thereof in writing by any authorized inspector, school attendance officer or truant officer, shall constitute a separate offence for every day during which the employment continues. SECTION 21. Any person who hinders or delays any authorized inspector, school attendance officer, or truant officer in the perform- ance of his duties, or who refuses to admit to or locks out any such inspector or officer from any place which such inspector or officer is authorized to inspect, or who refuses to give to such inspector or officer such information as may be required for the proper enforce- ment of this act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. SECTION 22. Any person who furnishes or sells to any minor any article of any description with the knowledge that the minor intends to sell such articles in violation of any provision of this act, Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 71 or after having received written notice to this effect from any officer charged with the enforcement of any provision of this act, or any person who knowingly procures or encourages any minor to violate any of the provisions of this act, shall be deemed guilty of a mis- demeanor, and shall be punished by a fine of not less than ten dollars nor more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprison- ment. SECTION 23. Any parent, guardian or custodian having a minor Penalties under his control, who compels or permits such minor to work in violation of any provision of this act, or who knowingly certifies to any materially false statement for the purpose of obtaining the illegal employment of such minor, shall be deemed guilty of a misdemeanor, and, upon conviction, shall for the first offence be punished by a fine of not less than two dollars nor more than ten dollars, or by imprisonment for not more than five days, or by both such fine and imprisonment ; and for a second or subsequent offence he shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, or by imprisonment for not more than ten days, or by both such fine and imprisonment. SECTION 24. Any inspector, school attendance officer, truant Penalty upon officer, superintendent of schools or other person authorized to issue C the badges required by this act, or any other person charged with the enforcement of any of the provisions of this act, who knowingly violates or fails to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than two hundred dollars or by imprisonment for not more than sixty days, or by both such fine and imprisonment. SECTION 25. Any minor who shall engage in any of the trades or occupations mentioned in section eleven in violation of any provision of this act shall, for the first offence, be warned by the officers whose duty it is to enforce the provisions of this act relating to street trades, and the parent, guardian or custodian shall be notified. In case of a second violation, such minor may be arrested and dealt with as a delinquent child, or, if over seventeen years of age, shall be punished by a fine not exceeding fifteen dollars upon the recommendation of the principal or chief executive officer of the school which such minor is attending, or upon the complaint of any school attendance officer, truant officer, police officer or probation officer, the badge of any minor who violates any provision of this act, or who becomes delinquent or fails to comply with all legal requirements concerning school attendance, may be revoked by the officer issuing the same for a period of three months and the badge taken from such minor. The refusal of any minor to surrender such badge, or the working at any of the occupations mentioned in section eleven by any minor after notice of the rev- ocation of such badge, shall be deemed a violation of this act. SECTION 26. Police, district and municipal courts and trial Pjjjf h avi justices and the Boston juvenile court as to minors under seventeen Jun years of age shall have jurisdiction of offences arising under this act. A summons or warrant issued by any such court or justice may be served at the direction of the court or magistrate by an 72 PUBLIC INSTRUCTION. [Chap. 514. Act con- strued. Repeal. Time of taking effect. inspector of the state board of labor and industries or by a truant officer or school attendance officer, or by any officer qualified to serve criminal process. MISCELLANEOUS. SECTION 27. Nothing in this act shall be construed to apply to the juvenile reformatories, other than the Massachusetts reforma- tory, or to prevent minors of any age from receiving manual training or industrial education in or in connection with any school in this commonwealth which has duly been approved by the school com- mittee or by the board of education. SECTION 28. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. SECTION 29. This act shall take effect on the first day of Sep- tember, nineteen hundred and thirteen. Search to be made by cities and towns for indigent and neglected children. Temporary care to be provided. Payment of expenses. ADDITIONAL DUTIES OP TRUANT OFFICERS RELATIVE TO CARE OF INDIGENT AND NEGLECTED CHILDREN. Chapter 356, Acts of 1904, provides as follows: SECTION 1. It shall be the duty of truant officers 1 in cities and of the overseers of the poor in towns, as often as may be deemed necessary by them, to make diligent search throughout their re- spective cities and towns for chilcLren under the age of sixteen who are suffering want through poverty, privation or from the neglect of their parents or guardians, or of any other persons having them in charge or from any cause whatsoever. SECTION 2. Where such children are found without parents or guardians or in charge of such parents or guardians as in the judg- ment of the officers or overseers aforesaid are unfit to care for children by reason of mental incapacity, dissolute habits or poverty, it shall be the duty of the officers and overseers aforesaid to provide for the temporary care of such children until proceedings may be had against them if necessary, according to the provisions of chapter three hundred and thirty-four of the acts of the year nineteen hundred and three. SECTION 3. Reasonable expenses incurred by the officers and overseers aforesaid in furnishing aid as provided by this act shall be paid by the city or town wherein the persons have legal settlements, and, if they are without settlement, by the commonwealth, after approval by the state board of charity; and notice in writing shall be sent to the place of settlement or, if such persons are unsettled, to the state board of charity as is otherwise provided by law. SECTION 4. This act shall take effect upon its passage. Regulation k>f Bales by minors. 1846, 244, 2. LICENSING OF MINORS, BY SCHOOL COMMITTEES, TO ENGAGE IN CERTAIN OCCUPATIONS IN CITIES. Section 17, chapter 65, Revised Laws, as amended by chapter 531, Acts of 1902, and chapter 151, Acts of 1906, and chapter 419, Acts of 1910, provides as follows: The mayor and aldermen or selectmen may make regulations relative to the exercise of the trade of bootblacking by minors and 1 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet. Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 73 to the sale by minors of any goods, wares or merchandise the sale G. s. 50, 14. of which is permitted by section fifteen, and may prohibit such ifcf'ft/ 2 ' sales or such trade, or may require a minor to obtain from them a license therefor to be issued on terms and conditions prescribed in such regulations: provided, that in the case of persons under the age of fourteen years in the cities of the commonwealth the fore- going powers shall be vested in and exercised by the school com- mittees of said cities. A minor who sells such articles or exercises such trade without a license if one is required or who violates the conditions of his license or any of the provisions of said regulations shall be punished by a fine of not more than ten dollars for each offence. Any person who, having a minor under his control, knowingly permits him to violate the provisions of this act, and any person who procures or employs a minor to violate the pro- visions of this act, and any person who either for himself or as agent of any other person or of any corporation knowingly furnishes or sells to any minor any of the articles above referred to with knowledge that said minor intends to sell said articles in violation of the provisions of this act, and after having received written notice from the school committee that the minor is unlicensed, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. Truant 1 and police officers shall enforce the provisions of this chapter. ADMISSION OF CHILDREN UNDER FOURTEEN YEARS OF AGE TO PLACES OF AMUSEMENT. Section 184, chapter 102, Revised Laws, as amended by chapter 107, Acts of 1906, and chapter 355, Acts of 1907, and chapter 532, Acts of 1910, provides as follows: \Vhoever, himself or by his servant or agent, admits a child under Admission of the age of fourteen years to any licensed show or place of amuse- p^J^* ment unless such child is accompanied by a person above the age of amusement twenty-one years, shall, on complaint of a parent or guardian of the child or of any police officer or of a truant officer l of the city or town in which the child is so admitted, be punished by a fine of not more than one hundred dollars; but he shall not be liable to said fine if a child apparently fourteen years of age has obtained admission by any written misrepresentation or by any unauthorized entrance to said place of amusement, or has entered with and apparently in the company of a person above the age of twenty- one years but does not remain with such person, provided the person in charge of said place of amusement shall remove such child immediately from said place of amusement upon knowledge of the fact that the child is under fourteen years of age and not then accompanied by a person above the age of twenty-one years. The provisions of this section shall not apply to shows or enter- tainments which take place before six o'clock in the afternoon and during the hours that the school of which the child attending such show or entertainment is a pupil is not in session. It shall be prima facie evidence that such school is in session if the public schools are in session in the city or town in which said show or entertain- ment shall take place. 1 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet. 74 PUBLIC INSTRUCTION. [Chap. 505. STATE-AIDED VOCATIONAL EDUCATION. [Chapter 505, Acts of 1906.] Sections 1 to 6 repealed by chapter 1ft I, Acts of 1911. MASSACHUSETTS AGRICULTURAL COLLEGE MAY ESTABLISH NORMAL DEPARTMENT. Massachusetts SECTION 7. The trustees of the Massachusetts Agri- coTiege may es- cultural College are hereby authorized to establish a nor- ment s s h foj e g p iying mal department for the purpose of giving instruction in . the elements of agriculture to persons desiring to teach such elements in the public schools, as provided in sections three and four: provided, that the cost of such department shall not exceed the sum of five thousand dollars in any one year, and that at least fifteen candidates present them- selves for such instruction. Proviso. REPEAL. Repeal. SECTION 8. Section ten of chapter forty-two of the Revised Laws, and all acts and parts of acts inconsistent with this act, are hereby repealed. [Chapter 471, Acts of 1911.] AN ACT TO CODIFY AND AMEND THE LAWS RELATING TO STATE-AIDED VOCATIONAL EDUCATION. CONSTRUCTION. Certain words SECTION 1. The following words and phrases as used and phrases . in i i > 1*1 denned. m this act shall, unless a different meaning is plainly required by the context, have the following meanings: 1. "Vocational education" shall mean any education the controlling purpose of which is to fit for profitable employment. 2. "Industrial education" shall mean that form of vocational education which fits for the trades, crafts and manufacturing pursuits, including the occupations of girls and women, carried on in workshops. 3. "Agricultural education" shall mean that form of vocational education which fits for the occupations con- nected with the tillage of the soil, the care of domestic animals, forestry and other wage-earning or productive work on the farm. Chap. 471.] VOCATIONAL EDUCATION. 75 4. "Household arts education" shall mean that form of vocational education which fits for occupations con- nected with the household. 5. "Independent industrial, agricultural or household arts school" shall mean an organization of courses, pupils and teachers, under a distinctive management, approved by the board of education, designed to give either indus- trial, agricultural or household arts education as herein defined. 6. "Evening class" in an industrial, agricultural or household arts school shall mean a class giving such train- ing as can be taken by persons already employed during the working day, and which, in order to be called voca- tional, must in its instruction deal with the subject- matter of the day employment, and be so carried on as to relate to the day employment. 7. "Part-time, or continuation, class" in an industrial, agricultural or household arts school shall mean a voca- tional class for persons giving a part of their working time to profitable employment, and receiving in the part-time school, instruction complementary to the practical work carried on in such employment. To give "a part of their working time" such persons must give a part of each day, week or longer period to such part-time class during the period in which it is in session. 8. "Independent agricultural school" shall mean either an organization of courses, pupils and teachers, under a distinctive management designed to give agricultural education, as hereinafter provided for, or a separate agri- cultural department, offering in a high school, as elective work, training in the principles and practice of agriculture to an extent and of a character approved by the board of education as vocational. 9. "Independent household arts school" shall mean a vocational school designed to develop on a vocational basis the capacity for household work such as. cooking, house- hold service and other occupations in the household. STATE ADMINISTRATION AND SUPERVISION. SECTION 2. The board of education is hereby author- vocatwnai ized and directed to investigate and to aid in the intro- e< duction of industrial, agricultural and household arts education; to initiate and superintend the establishment 76 PUBLIC INSTRUCTION. [Chap. 471. and maintenance of schools for the aforesaid forms of education; and to supervise and approve such schools, as hereinafter provided. The board of education shall make a report annually to the general court, describing the con- dition and progress of industrial, agricultural and house- hold arts education during the year, and making such recommendations as the board may deem advisable. Types of schools. TYPES OF SCHOOLS. SECTION 3. In order that instruction in the principles and the practice of the arts may go on together, inde- pendent industrial, agricultural and household arts schools may offer instruction in day, part-time and evening classes. Attendance upon such day or part-time classes shall be restricted to those over fourteen and under twenty-five years of age; and upon such evening classes, to those over seventeen years of age. Establishment of industrial schools. Districts to be established. LOCAL ADMINISTRATION AND CONTROL. SECTION 4. Any city or town may, through its school committee or through a board of trustees elected by the city or town to serve for a period of not more than five years and to be known as the local board of trustees for vocational education, establish and maintain independent industrial, agricultural and household arts schools. SECTION 5. 1. Districts composed of cities or towns, or of cities and towns, may, through a board of trustees to be known as the district board of trustees for vocational education, establish and maintain independent industrial agricultural or household arts schools. Such district board of trustees may consist of the chairman and two other members of the school committee of each of such cities and towns, to be appointed for the purpose by each of the respective school committees thereof; or any such city or town may elect three residents thereof to serve as its representatives on such district board of trustees. 2. Such a district board of trustees for vocational educa- tion may adopt for a period of one year or more a plan of organization, administration and support for the said schools, and the plan, if approved by the board of edu- cation, shall constitute a binding contract between the cities or towns which are, through the action of their re- spective representatives on the district board of trustees, Chap. 471.] VOCATIONAL EDUCATION. 77 made parties thereto, and shall not be altered or annulled except by vote of two thirds of the board, and the consent of the board of education to such alteration or annulment. SECTION 6. Local and district boards of trustees for Adv^ry vocational education, administering approved industrial, cc agricultural or household arts schools, shall, under a scheme to be approved by the board of education, appoint an advisory committee composed of members representing local trades, industries and occupations. It shall be the duty of the advisory committee to counsel with and advise the local or district board of trustees and other school officials having the management and supervision of such schools. NON-RESIDENT PUPILS. SECTION 7. 1. Any resident of any city or town in Non-resident Massachusetts which does not maintain an approved inde- puplls> pendent industrial, agricultural or household arts school, offering the type of training which he desires, may make application for admission to such a school maintained by another city or town. The board of education, whose de- cision shall be final, may approve or disapprove such appli- cation. In making such a decision the board of education shall take into consideration the opportunities for free vocational training in the community in which the appli- cant resides; the financial status of the community; the age, sex, preparation, aptitude and previous record of the applicant; and all other relevant circumstances. 2. The city or town in which the person resides, who Tuition fees, has been admitted as above provided, to an approved inde- et pendent industrial, agricultural or household arts school maintained by another city or town, shall pay such tuition fee as may be fixed by the board of education; and the commonwealth shall reimburse such city or town, as pro- vided for in this act. If any city or town neglects or refuses to pay for such tuition, it shall be liable therefor in an action of contract to the city or town, or cities and towns, maintaining the school which the pupil, with the approval of the said board, attended. REIMBURSEMENT. SECTION 8. Independent industrial, agricultural and household arts schools shall, so long as they are approved by the board of education as to organization, control, loca- 78 PUBLIC INSTRUCTION. [Chap. 471. Payments to be made annu- ally from the state treasury, etc. Cities and towns to be reimbursed. Proviso. One half the sum expended by cities and towns to be reimbursed. Statement to be made to the general court. tion, equipment, courses of study, qualifications of teach- ers, methods of instruction, conditions of admission, em- ployment of pupils and expenditures of money, constitute approved local or district independent vocational schools. Cities and towns maintaining such approved local or dis- trict independent vocational schools shall receive reim- bursement as provided in sections nine and ten of this act. SECTION 9. 1. The commonwealth, in order to aid in the maintenance of approved local or district independent industrial and household arts schools and of independent agricultural schools consisting of other than agricultural departments in high schools, shall, as provided in this act, pay annually from the treasury to cities and towns maintaining such schools an amount equal to one half the sum to be known as the net maintenance sum. Such net maintenance sum shall consist of the total sum raised by local taxation and expended for the maintenance of such a school, less the amount, for the same period, of tuition claims, paid or unpaid, and receipts from the work of pupils or the sale of products. 2. Cities and towns maintaining approved local or dis- trict independent agricultural schools consisting only of agricultural departments in high schools shall be reim- bursed by the commonwealth, as provided in this act, only to the extent of two thirds of the salary paid to the in- structors in such agricultural departments: provided, that the total amount of money expended by the common- wealth in the reimbursement of such cities and towns for the salaries of such instructors for any given year shall not exceed ten thousand dollars. 3. Cities and towns that have paid claims for tuition in approved local or district independent vocational schools .shall be reimbursed by the commonwealth, as provided in this act, to the extent of one half the sums expended by such cities and towns in payment of such claims. SECTION 10. On or before the first Wednesday of January of each year the board of education shall present to the general court a statement of the amount expended previous to the preceding first day of December by cities and towns in the maintenance of approved local or dis- trict independent vocational schools, or in payment of claims for tuition in such schools, for which such cities and towns should receive reimbursement, as provided in Chap. 471.1 VOCATIONAL EDUCATION. 79 this act. On the basis of such a statement the general court may make an appropriation for the reimbursement of such cities and towns up to such first day of December. ACTS AND PARTS OF ACTS REPEALED. SECTION 11. 1. Sections one to six, inclusive, of Re P eal - chapter five hundred and five of the acts of the year nine- teen hundred and six, sections one to four, inclusive, of chapter five hundred and seventy-two of the acts of the year nineteen hundred and eight, chapter five hundred and forty of the acts of the year nineteen hundred and nine, and all acts and parts of acts inconsistent herewith are hereby repealed. 2. Schools heretofore established under the acts and parts of acts repealed by this section, and approved by operation the board of education, shall continue in operation sub- ject to the provisions of this act for such schools. Transportation by Street and Elevated Railway Companies of Pupils of Industrial Schools. NOTE. See chapter 530, Acts of 1908, as amended by chapter Transportation 567, Acts of 1910, page 24 of this pamphlet. ESTABLISHMENT AND MAINTENANCE or EVENING CLASSES IN THE PRACTICAL ARTS FOR WOMEN. Chapter 106, Acts of 1912, provides as follows: Any city or town may, through its school committee, or Evening classes other board of trustees for vocational education, establish Suction for and maintain separate evening classes in household and w other practical arts. Such classes shall be known as practical art classes, shall be open to all women over seventeen years of age who are employed in any capacity during the day, and may be established and maintained as approved state-aided practical art classes under the pro- visions of, and subject to all the conditions, not incon- sistent with this act, of chapter four hundred and seventy- one of the acts of the year nineteen hundred and eleven. TRAINING OF TEACHERS FOR STATE-AIDED VOCATIONAL AND CONTINUATION SCHOOLS. Chapter 174, Acts of 1914, provides as follows: Any city, town, or district composed of cities and towns classes may be may, with the approval of the board of education, through 80 PUBLIC INSTRUCTION. [Chap. 805. schooiaetc its school committee or other board of trustees for voca- tional education, establish classes for the training of teachers for continuation and vocational schools estab- lished and maintained under the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, or chapter one hundred and six of the acts of the year nineteen hundred and twelve, and of chapter eight hundred and five of the acts of the year nineteen hundred and thirteen. Such classes shall be maintained under the provisions of, and subject to all the conditions, not inconsistent with this act, of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven. Establishment of classes for schools, etc., author- Attendance of certain minors at continuation schools and courses of instruction. Bo ARD OF EDUCATION AUTHORIZED TO MAINTAIN CLASSES FOR THE TRAINING OF TEACHERS FOR STATE-AIDED VOCATIONAL AND CONTINUATION SCHOOLS. Chapter 391, Acts of 1914, provides as follows :- The board of education is hereby authorized to establish and maintain classes for the purpose of training teachers for vocational and continuation schools, established under the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, chapter one hundred and six of the acts of the year nine- teen hundred and twelve and chapter eight hundred and five of the acts of the year nineteen hundred and thirteen. CHAPTER 805, ACTS OF 1913. ESTABLISHMENT AND MAINTENANCE OF CONTINUATION SCHOOLS AND COURSES OF INSTRUCTION FOR WORKING CHILDREN. SECTION 1. When the school committee of any city or town shall have established continuation schools or courses of instruction for the education of minors between fourteen and sixteen years of age who are regularly em- ployed in such city or town not less than six hours per day, such school committee may, with the consent of the board of education, require the attendance in such con- tinuation schools or on such courses of instruction of every such minor thereafter receiving an employment cer- tificate and who is not otherwise receiving instruction approved by the school committee as equivalent to that provided in schools established under the provisions of this Chap. 805.] VOCATIONAL EDUCATION. 81 act. The required attendance provided for in this act shall be at the rate of not less than four hours per week and shall be between the hours of eight o'clock in the morning and six o'clock in the afternoon of any working day or days. The time spent by a child in a continuation school or class shall be reckoned as a part of the time or number of hours that minors are permitted by law to work. SECTION 2. Continuation schools or courses of instruc- ppy e n d con - tion as provided in section one of this act, shall, so long sch^ois?etc. as they are approved by the board of education as to organization, control, location, equipment, courses of study, qualifications of teachers, methods of instruction, conditions of admission, employment of pupils and expen- diture of the money, constitute approved continuation schools or courses of instruction. Cities and towns main- taining such approved continuation schools or courses of instruction shall receive reimbursement from the common- wealth, as provided in section three of this act. SECTION 3. The commonwealth, in order to aid in the Maintenance, maintenance of approved continuation schools or courses, e shall as provided in this act pay annually from the treas- ury to cities and towns maintaining such schools or courses an amount equal to one half of the sum to be known as the net maintenance sum. Such net maintenance sum shall consist of the total sum raised by local taxation and ex- pended for the maintenance of such a school, less the amount, for the same period, of tuition claims paid or unpaid and receipts from the work of pupils or the sale of products. SECTION 4. When the school committee of anv city Attendance of .... -I i 1 i i^i resident minors or town shall have established a continuation school or employed in a .. . , , . . < -I another city or courses of instruction as provided in section one ot this town, act, the said school committee may require the attendance, as provided in section one of this act, in such continuation school or on such courses of instruction of all minors between fourteen and sixteen years of age residing in said city or town who are regularly employed in another city or town: provided, that the city or town in which such Proviso. minors are employed does not maintain and require at- tendance at a continuation school or courses of instruction as defined in section one of this act. SECTION 5. Any minor between fourteen and sixteen Same subject, years of age who is regularly employed in a city or town 82 PUBLIC INSTRUCTION. [Chap. 805. Report of attendance to be filed, etc. Proviso. Employment of minor shall cease in case of non-attend- ance, etc. Penalty. Certificates may be re- voked for non- attendance. Time of taking effect. other than that in which the said minor resides may attend a continuation school or courses of instruction, as provided in section one of this act, in the city or town in which such minor resides. Any minor attending a continuation school or courses of instruction, as hereinbefore described, in the city or town of his residence in preference to attending such school or courses of instruction in the city or town of his employment, shall file or cause to be filed regularly, at least once a month, with the superintendent, or his representative duly authorized in writing, of the city or town in which such minor is employed, a report of at- tendance certified by the superintendent, or his representa- tive duly authorized in writing, of the city or town in which such minor is attending school: provided, however, that the filing of such certified report of attendance with the superintendent of a city or town in which attendance at continuation schools or courses of instruction as defined in section one of this act is not compulsory shall not be required. SECTION 6. The employer of any minor between four- teen and sixteen years of age who is compelled by the provisions and regulations either of the school committee in the city or town in which such minor resides or of the school committee in the city or town in which such minor is employed to attend a continuation school or courses of instruction as defined in section one of this act, shall cease forthwith to employ such minor when notified in writing by the superintendent or his representative duly authorized in writing, having jurisdiction over such minor's school attendance, that such minor is not attending school in accordance with the compulsory attendance regulations as defined in section one of this act. Any employer who fails to comply with the provisions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each offence. SECTION 7. The superintendent of schools having jurisdiction, or a person authorized by him in writing, may revoke the age and schooling or employment certificate of any minor who is required by the provisions of this act to attend a continuation school or courses, if such minor fails to attend such school or courses as provided by this act. SECTION 8. This act shall take effect on the first day of September, nineteen hundred and thirteen. Chap. 566.] AGRICULTURAL EDUCATION. 83 AGRICULTURAL EDUCATION. INDEPENDENT AGRICULTURAL SCHOOL IN BRISTOL COUNTY. [Chapter 566, Acts of 1912.] Ax ACT TO PROVIDE FOR AN INDEPENDENT AGRICULTURAL SCHOOL IN THE COUNTY OF BRISTOL. ORGANIZATION AND CONTROL. SECTION 1.- At the next state election there shall be independent placed upon the official ballots for the county of Bristol sJhoofinThe the following question : " Shall the county of Bristol Soletc. establish an independent agricultural school?" If a ma- jority of the voters voting thereon vote in the affirmative, the governor, with the advice and consent of the council, shall appoint four persons, one for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, and thereafter annually one for the term of four years, residents of the county, who, together with the county commissioners for the county, shall be known as the Trustees of the Inde- pendent Agricultural School of Bristol County. Said trustees shall serve without compensation but shall be reimbursed for their necessary expenses, the same to be charged and paid on account of maintenance, as herein- after provided. SECTION 2. The said trustees are hereby authorized to Location of determine the location of the said school, subject to the sc ool> etc ' approval of the board of education, and to expend an amount not exceeding thirty thousand dollars in the pur- chase of real estate and the construction or alteration of buildings therefor. In order to provide the share to be paid by the county of the cost of establishing and equip- ping the said school, the county commissioners are hereby authorized to issue bonds of the county to an amount not exceeding thirty thousand dollars. The said bonds shall be issued for a term not exceeding twenty years, and shall bear interest at a rate not exceeding four per cent per annum, payable semi-annually. The county commis- sioners may, by vote, provide for the payment of the said loan by such proportionate or other annual payments as will extinguish the debt at maturity, but in such a manner 84 PUBLIC INSTRUCTION. [Chap. 566. that the interest payable in any one year, together with that part of the principal which is payable in the same year, shall not be less than the aggregate amount of prin- cipal and interest payable in any subsequent year. When such a vote has been passed, the annual amount required shall, without further vote, be assessed according to the provisions of law relating to the assessment of county taxes. After the construction and equipment of the said school, the county shall annually raise by taxation a sum not exceeding eight thousand dollars for the share of the county in the maintenance of the said school. Maintenance of school, etc. Support of school, etc. ADMINISTRATION. SECTION 3. Any school established under this act shall be established and maintained as an approved school, sub- ject to the provisions of chapter four hundred and seventy- one of the acts of the year nineteen hundred and eleven, and of any amendments thereof, and the county shall be reimbursed for expenditures incurred in its maintenance in the manner and to the extent provided for the reim- bursement of cities and towns by the said chapter and any amendments thereof. SUPPORT. SECTION 4. The said trustees shall annually prepare, on or before the fifteenth day of December, an estimate of the amount required to maintain the school for the en- suing year, and said amount shall be included in the estimate required by section twenty-seven of chapter twenty-one of the Revised Laws, as amended; and if the expenditure of the amount so estimated or any part thereof shall be authorized by the general court, the said trustees shall, subject to the provisions of said chapter four hundred and seventy-one, expend the same for the purpose hereinbefore stated. NON-RESIDENT PUPILS. Pupils, etc. SECTION 5. Said school shall be free for attendance to all residents of said county over fourteen and under twenty-five years of age. Any resident, over fourteen and under twenty-five years of age, of any city or town in Massachusetts which does not maintain an agricultural school, offering the type of education which he desires, Chap. 587.] AGRICULTURAL EDUCATION. 85 and approved by the board of education, may make appli- cation for admission to the said school. The board of education, whose decision shall be final, may approve or disapprove such application. In making its decision,* the board shall take into consideration the opportunities for free agricultural training in the community in which the applicant lives, the financial status of the community, the age, sex, preparation, aptitude and previous record of the applicant, and all other relevant circumstances. The board may, however, permit pupils with limited educational preparation to enter for a special course of study in horticulture, fruit growing or dairy farming. The city or town in which the person resides whose applica- tion for admission to the said school has been approved as herein provided, shall pay such tuition fee as may be fixed by the board of education; and the commonwealth shall reimburse such city or town upon the recommenda- tion of the board of education to the extent of one half the sum expended by the city or town in payment of such tuition fee. If any city or town neglects or refuses to pay for such tuition it shall be liable therefor to said trustees in an action of contract. SECTION 6. The provisions of chapter five hundred and Certain pro- T . n i o-i -I i -i i i visions of law thirty of the acts of the year nineteen hundred and eight, applicable, as amended by chapter five hundred and sixty-seven of the acts of the year nineteen hundred and ten, for half rate fare upon street railways shall apply to pupils of the said school. SECTION 7. So much of this act as applies to the ref- erendum shall take effect upon its passage, the remainder upon its acceptance by the voters of the county as pro- vided in section one of this act. INDEPENDENT AGRICULTURAL SCHOOL IN ESSEX COUNTY. [Chapter 587, Acts of 1912.] AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAIN- TENANCE OF AN INDEPENDENT AGRICULTURAL SCHOOL IN THE COUNTY OF ESSEX. SECTION 1. At the next state election there shall be independent placed upon the official ballots for the county of Essex, the following question: - "Shall the county of Essex establish "*y an independent agricultural school?" If a majority of the 86 PUBLIC INSTRUCTION. [Chap. 587. voters voting thereon vote in the affirmative, then, the governor, with the advice and consent of the council, shall appoint four persons, one for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, and thereafter he shall appoint annually one person for the term of four years, residents of the county, who together with the county commissioners for the county shall be known as the trustees of the independent agricultural school of the county of Essex. Said trustees shall serve without com- pensation, but shall be reimbursed for their necessary travelling expenses, the same to be charged and paid on account of maintenance, as hereinafter provided. 8ohS}i,etc. f SECTION 2. The said trustees are hereby authorized to determine the location of the said school, subject to the approval of the board of education, and to expend the sum of seventy-five thousand dollars to be provided by the county of Essex, for the purchase of real estate and the erection or alteration of buildings therefor. Thereafter the county of Essex shall each year upon the recommenda- tion of the said trustees raise by taxation a sum not ex- ceeding twenty-five thousand dollars for the maintenance of said school, and the sum so raised shall be paid to the said trustees by the treasurer of the county upon their requisition. In order to provide for the county's expense in establishing and equipping the agricultural school herein provided for, the county commissioners of the county of Essex are hereby authorized to issue bonds of the county to the amount of seventy-five thousand dollars, to mature in whole or in part in not less than twenty years, with interest at a rate not exceeding four per cent per annum, and the sum so raised shall be paid to the said trustees by the treasurer of the county upon their requisition. The county commissioners may by vote provide for the payment of said debt by such propor- tionate or other annual payments as will extinguish the same at maturity, in such manner that the aggregate amount of principal and interest payable in any given year shall not, together, be less than the aggregate amount of principal and interest payable in any subsequent year; and thereafter such annual amount shall, without further vote, be assessed under the provisions of law relating to the assessment of county taxes. Chap. 587.] AGRICULTURAL EDUCATION. 87 SECTION 3. In order to aid in the maintenance of said school the treasurer of the commonwealth shall, so long as said school is approved by the board of education, pay, as provided in section four of this act and upon the recom- mendation of said board, to the county of Essex from money in the treasury one half of the cost of maintaining said school, the yearly payments not to exceed the sum of twelve thousand five hundred dollars. SECTION 4. The school authorized by this act shall be County to be maintained as an approved school subject to the provi- expenditures, sions of chapter four hundred and seventy-one of the acts etc ' of the year nineteen hundred and eleven, not inconsistent with this act, and the county of Essex shall be reimbursed for expenditures incurred in the maintenance of the school in the same manner and to the same extent as cities and towns are reimbursed under the provisions of the said chapter. SECTION 5. 1. The said school shall be free for at- Pupils, etc. tendance to all residents of said county over fourteen and under twenty-five years of age. Any resident over four- teen and under twenty-five years of age of any city or town in Massachusetts which does not maintain an agri- cultural school approved by the board of education and offering the type of training which he desires, may make application for admission to the said school. The board of education, whose decision shall be final, may approve or disapprove such application. In making its decision the board of education shall take into consideration the opportunities for free agricultural training in the com- munity in which the applicant resides, the financial status of the community, the age, sex, preparation, aptitude and previous record of the applicant, and all other relevant circumstances. 2. The city or town in which the person resides, whose Tuition fee, application for admission to the said school has been ap- etc * proved as herein provided, shall pay such tuition fee as may be fixed by the board of education; and the common- wealth shall reimburse such city or town, upon the recom- mendation of the board of education, to the extent of one half the sum paid by the city or town as a tuition fee. If any city or town neglects or refuses to pay for such tuition, it shall be liable therefor in an action of contract brought by the trustees of the school. The said trustees 88 PUBLIC INSTRUCTION. [Chap. 502. Certain pro- visions of law applicable. Time of taking effect. are hereby charged with the duty and responsibility of collecting all moneys due the school for tuition fees, for the work of pupils, from the sale of products or from any other source other than local taxation and of paying over such moneys to the treasurer of the county of Essex. SECTION 6. The provisions of chapter five hundred and thirty of the acts of the year nineteen hundred and eight for half rate fare upon street railways shall apply to pupils of the said school. SECTION 7. So much of this act as applies to the ref- erendum shall take effect upon its passage, the residue upon its acceptance by the voters of the county as pro- vided in section one of this act. Massachusetts Agricultural College. The Massachusetts Agricultural College offers an education without tuition fee to any student who is a resident of Massa- chusetts and who meets the requirements for admission. Women are admitted on the same basis as are men. Students who are not residents of Massachusetts are required to pay a nominal tuition fee. Appointment of school physi- cians, etc. Proviso. MEDICAL INSPECTION OF SCHOOLS. [Chapter 502, Acts of 1906, as amended.] APPOINTMENT OF SCHOOL PHYSICIANS, ETC.; ALSO MEDI- CAL INSPECTION OF SCHOOLS, AND OF WORKING CHIL- DREN BETWEEN THE AGES OF FOURTEEN AND SIXTEEN. SECTION 1. (As amended by chapter 257, Acts of 1910.) The school committee of every city and town in the commonwealth shall appoint one or more school physi- cians, shall assign one to each public school within its city or town, and shall provide them with all proper facil- ities for tbe performance of their duties as prescribed in this act; and shall assign one or more to perform the duty of examining children who apply for health certificates * in accordance with this act: provided, however, that in cities wherein the board of health is already maintaining or shall hereafter maintain substantially such medical inspection as this act requires, the board of health shall appoint and assign the school physician. See also section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet. Chap. 502.] MEDICAL INSPECTION OF SCHOOLS. 89 EXAMINATION AND DIAGNOSIS TO BE MADE. SECTION 2. (As amended by chapter 257, Acts of v ^ v ,r> \ -n i i i i 1 1 i , anc * diagnosis 1910.) Every school physician shall make a prompt of children to examination and diagnosis of all children referred to him as hereinafter provided, and such further examina- tion of teachers, janitors and school buildings as in his opinion the protection of the health of the pupils may re- quire. Every school physician who is assigned to perform the duty of examining children who apply for health cer- tificates l shall make a prompt examination of every child who wishes to obtain an age and schooling certificate, as provided in section sixty of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, 2 and who presents to said physician an employment ticket, as provided in said section, and the physician shall certify in writing whether or not in his opinion such child is in sufficiently sound health and physically able to per- form the work which the child intends to do. SECTION 3. The school committee shall cause to be re- Authority of ferred to a school physician for examination and diagnosis mitSUetc. every child returning to school without a certificate from the board of health after absence on account of illness or from unknown cause; and every child in the schools under its jurisdiction who shows signs of being in ill health or of suffering from infectious or contagious disease, unless he is at once excluded from school by the teacher; except that in the case of schools in remote and isolated situations the school committee may make such other arrangements as may best carry out the purposes of this act. NOTICE TO BE SENT TO PARENT OR GUARDIAN. SECTION 4. The school committee shall cause notice of Notice of ,i T , . i i , ., , disease of child the disease or defects, if any, from which any child is to be sent to found to be suffering to be sent to his parent or guardian. Whenever a child shows symptoms of smallpox, scarlet fever, measles, chickenpox, tuberculosis, diphtheria or in- fluenza, tonsilitis, whooping cough, mumps, scabies or trachoma, he shall be sent home immediately, or as soon as: safe and proper conveyance can be found, and the board of 'health shall at once be notified. 1 See also section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet. 2 As amended by section 18 of chapter 779, Acts of 1913, see page 60 of this pamphlet. 90 PUBLIC INSTRUCTION. [Chap. 502. Testing as to defective sight, etc. State board of health, etc., to furnish test- cards, blanks, etc. When to take effect. TESTS OF SIGHT AND HEARING, AND EXAMINATION FOR DISABILITY OR DEFECTS. SECTION 5. The school committee of every city and town shall cause every child in the public schools to be separately and carefully tested and examined at least once in every school year to ascertain whether he is suffering from defective sight or hearing or from any other disa- bility or defect tending to prevent his receiving the full benefit of his school work, or requiring a modification of the school work in order to prevent injury to the child or to secure the best educational results. The tests of sight and hearing shall be made by teachers. The committee shall cause notice of any defect or disability requiring treatment to be sent to the parent or guardian of the child, and shall require a physical record of each child to be kept in such form as the state board of education shall prescribe. SECTION 6. The state board of health shall prescribe the directions for tests of sight and -hearing and the state board of education shall, after consultation with the state board of health, prescribe and furnish to school com- mittees suitable rules of instruction, test-cards, blanks, record books and other useful appliances for carrying out the purposes of this act, and shall provide for pupils in the normal schools instruction and practice in the best methods of testing the sight and hearing of children. The state board of education may expend during the year nineteen hundred and six a sum not greater than fifteen hundred dollars, and annually thereafter a sum not greater than five 1 hundred dollars for the purpose of supplying the material required by this act. Section 7 is repealed by chapter 412, Acts of 1908. SECTION 8. This act shall take effect on the first day of September in the year nineteen hundred and six. Money may be expended for medical in- spection in public schools. EXPENDITURES BY STATE BOARD OF EDUCATION FOR MEDICAL INSPECTION OF SCHOOLS. Chapter 189, Acts of 1908, provides as follows :- For the purpose of furnishing schools and school com- mittees with the material and appliances provided for by 1 See chapter 189, Acts of 1908, as given below. lor nurses. MEDICAL INSPECTION OF SCHOOLS. 91 section six of chapter five hundred and two of the acts of the year nineteen hundred and six, relative to the health of children in the public schools, the state board of education may annually expend a sum not exceeding eight hundred dollars, instead of five hundred dollars as is specified in the said section. AUTHORIZING TOWNS TO APPROPRIATE MONEY FOR THE EMPLOYMENT OF NURSES. Chapter 72, Acts of 1911, provides as follows: Towns are hereby authorized to appropriate annually Towns may a sum not exceeding two thousand dollars for the employ- JSSSy f te ment of district or other nurses. The said sums may be expended directly by the town through its selectmen, or under the direction of the board of health when authorized so to do by the selectmen. CITIES AND TOWNS MAY PROVIDE FREE MEALS FOR SCHOOL CHILDREN. Chapter 575, Acts of 1913, provides as follows :- SECTION 1. The city council of a city and the select- cities and J . , . J , towns may pro- men 01 a town may provide meals or lunches free or at vide free meals such price, not exceeding the cost, as they may fix, for children attending its public schools, and cities and towns may appropriate money for this purpose. SECTION 2. This act shall be submitted to the voters of m ^ d b to sul> any city or town at the municipal election in any year if voters. a petition to that effect, signed by not less than five per cent of the voters, is filed with the city clerk or town clerk, as the case may be, not less than one month before said election; and if accepted by a majority of the voters voting thereon it shall take effect in such city or town. Otherwise this act shall not take effect. MAINTENANCE OF DENTAL DISPENSARIES AUTHORIZED IN CITIES AND TOWNS. Chapter 677, Acts of 1914, provides as follows :- Any city or town is hereby authorized to establish and ^n1m n a d y maintain one or more dental dispensaries for children of maintain dental T_ i i j? i i -i < i dispensaries school age, the tunas appropriated therefor to be expended for children, upon such terms and conditions and under such regula- tions as the local board of health of the city or town may from time to time prescribe. 92 PUBLIC INSTRUCTION. [Chap. 832. RETIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS. [Chapter 832, Acts of 1913.] AN ACT TO ESTABLISH A RETIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS. CONSTRUCTION. ?nd1ms rd9 SECTION 1. The following words and phrases as used in this act, unless a different meaning is plainly required by the context, shall have the following meanings : (1) "Retirement system" shall mean the arrangement provided in this act for payment of annuities and pensions to teachers. (2) "Annuities" shall mean payments for life derived from contributions from teachers. (3) "Pensions" shall mean payments for life derived from contributions from the commonwealth. (4) "Teacher" shall mean any teacher, principal, super- visor or superintendent employed by a school committee, or board of trustees, in a public day school within the commonwealth. (5) "Public school" shall mean any day school con- ducted within this commonwealth under the order and superintendence of a duly elected school committee and also any day school conducted under the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven. (6) "Regular interest" shall mean interest at three per cent per annum, compounded annually on the last day of December of each year. (7) "Retirement board" shall mean the teachers' re- tirement board, as provided in section four of this act. (8) "Retirement association" shall mean the teachers' retirement association, as provided in section three of this act. (9) "Expense fund" shall mean the fund provided for in paragraph numbered one in section five of this act. (10) "Annuity fund" shall mean the fund provided for in paragraph numbered two in section five of this act. (11) "Pension fund" shall mean the fund provided for in paragraph numbered three in section five of this act. Chap. 832.] RETIREMENT SYSTEM, ETC. 93 (12) "School year" shall mean the twelve months from the first day of July of any year to the thirtieth day of June next succeeding. (13) "Assessments" shall mean the annual payments to the annuity fund by members of the association. ESTABLISHMENT OF A TEACHERS' RETIREMENT SYSTEM. SECTION 2. A teachers' retirement system shall be Teachers' retire- established on the first day of July, nineteen hundred and StabiShed fourteen. TEACHERS' RETIREMENT ASSOCIATION. SECTION 3. A teachers' retirement association shall be Organization, organized among the teachers in the public schools as follows : (1) All teachers, except those specified in paragraph (3) of this section, who enter the service of the public schools for the first time on or after July first, nineteen hundred and fourteen, shall become thereby members of the associ- ation. (2) All teachers, except those specified in paragraph (3) of this section, who shall have entered the service of the public schools before June thirtieth, nineteen hundred and fourteen, may at any time between July first, nineteen hundred and fourteen, and September thirtieth, nineteen hundred and fourteen, upon application in writing to the commissioner of education, become members of the retire- ment association. Any teacher failing to do so may there- after become a member of the retirement board by paying an amount equal to the total assessments, together with regular interest thereon, that he would have paid if he had joined the retirement association on September thirtieth, nineteen hundred and fourteen. (3) Teachers in the service of the public schools of the city of Boston shall not be included as members of the retirement association. 1 STATE TEACHERS' RETIREMENT BOARD. SECTION 4. (1) The management of the retirement system is hereby vested in the teachers' retirement board, consisting of seven members: the insurance commissioner for the commonwealth, the bank commissioner for the 1 Modified for industrial and continuation school teachers, by chapter 494, Acts of 1914, see page 103 of this pamphlet. 94 PUBLIC INSTRUCTION. [Chap. 832. commonwealth, the commissioner of education for the com- monwealth, three members of the retirement association and one other person. Upon organization of the retire- ment association the members thereof shall elect from among their number in a manner to be approved by the insurance commissioner, the bank commissioner and the commissioner of education, three persons to serve upon the retirement board, one member to serve for one year, one for two years and one for three years, and thereafter the members of the retirement association shall elect annually from among their number in a manner to be approved by the retirement board one person to serve upon the retirement board for the term of three years. The seventh member of the retirement board shall be elected annually by the other six to serve for the term of one year. On a vacancy occurring on the board, a suc- cessor of such person whose place has become vacant shall be chosen in the same manner as his predecessor to serve until the next annual election. Until the organization of the retirement association and the election of three rep- resentatives therefrom, the insurance commissioner, the bank commissioner and the commissioner of education shall be empowered to perform the duties of the retire- ment board. (2) The members of the retirement board shall serve without compensation, but they shall be reimbursed from the expense fund of the retirement association for any expenditures or loss of salary or wages which they may incur through serving on the board. All claims for reim- bursement on this account shall be subject to the approval of the governor and council. (3) The retirement board shall have power to make by-laws and regulations not inconsistent with the pro- visions of this act; and to employ a secretary who shall give a bond in such amount as the board shall approve, and clerical and other assistance as may be necessary. The salaries shall be fixed by the board, with the approval of the governor and council. (4) The retirement board shall provide for the payment of retirement allowances and such other expenditures as are required by the provisions of this act. (5) The retirement board shall adopt for the retirement system one or more mortality tables, and shall determine what rates of interest shall be established in connection Chap. 832.] RETIREMENT SYSTEM, ETC. 95 with such tables, and may later modify such tables or prescribe other tables to represent more accurately the expense of the retirement system or may change such rates of interest, and may determine the application of the changes made. (6) The retirement board shall perform such other func- tions as are required for the execution of the provisions of this act. CREATION OF FUNDS. SECTION 5. The funds of the retirement system shall consist of an expense fund, an annuity fund and a pension fund. (1) The expense fund shall consist of such amounts as Expense fund, shall be appropriated by the general court from year to year on estimates submitted by the retirement board to defray the expense of the administration of this act, exclusive of the payment, of retirement allowances. (2) The annuity fund shall consist of assessments paid Annuity fund, by members of the retirement association, and interest derived from investments of the annuity fund. Each member of the retirement association shall pay into the annuity fund, by deduction from his salary in the manner provided in section nine, paragraph five, of this act, such assessments upon his salary as may be determined by the retirement board. The rate of assessment shall be estab- Rate of lished by the retirement board on the first day of July of M each year after a prior notice of at least three months, and shall at any given time be uniform for all members of the retirement association, and shall not be less than three per cent nor more than seven per cent of the member's salary: provided, however, that when the total sum of assessments on the salary of any member at the rate established by the retirement board would amount to more than one hundred dollars or less than thirty-five dollars for any school year, such member shall in lieu of assessments at the regular rate be assessed one hundred dollars a year or thirty-five dollars a year as the case may be, payable in equal instalments to be assessed for the number of months during which the schools of the com- munity in which such member is employed are commonly in session. Any member of the retirement association who shall for thirty years have paid regular assessments to the annuity fund as provided herein, shall be exempt from 96 PUBLIC INSTRUCTION. [Chap. 832. Pension fund. Age at which members may be retired. Payment of retirement allowances. further assessments; but such member may thereafter, if he so elects, continue to pay his assessments to the fund. No member so electing shall pay further assess- ments after the total sum of assessments paid by him shall at any time have amounted, with regular interest, to a sum sufficient to purchase an annuity of five hundred dollars at age sixty; and interest thereafter accruing shall be paid to the member at the time of his retirement. (3) The pension fund shall consist of such amounts as shall be appropriated by the general court from time to time on estimates submitted by the retirement board for the purpose of paying the pensions provided for in this act. PAYMENT OF RETIREMENT ALLOWANCES. SECTION 6. (1) Any member of the retirement associ- ation may retire from service in the public schools on attaining the age of sixty years, or at any time thereafter, if incapable of rendering satisfactory service as a teacher, may, with the approval of the retirement board, be retired by the employing school committee. (2) Any member of the retirement association, on at- taining the age of seventy years, shall be retired from service in the public schools. (3) A member of the retirement association after his retirement under the provisions of paragraphs numbered (1) or (2) of this section, shall be entitled to receive from the annuity fund, as he shall elect at the time of his re- tirement, on the basis of tables adopted by the retirement board : (a) an annuity, payable in quarterly payments, to which the sum of his assessments under section five, paragraph (2), with regular interest thereon, shall entitle him; or, (6) an annuity of less amount, as determined by the retirement board for the annuitants electing such op- tion, payable in quarterly payments, with the provision that if the annuitant dies before receiving payments equal to the sum of his assessments under section five, para- graph (2), with regular interest, at the time of his retire- ment, the difference between the total amount of said payments and the amount of his contributions with regular interest shall be paid to his legal representatives. (4) Any member of the retirement association receiving payments of an annuity as provided in paragraph num- bered (3) of this section shall, if not rendered ineligible Chap. 832.] RETIREMENT SYSTEM, ETC. 97 therefor by the provisions of section twelve of this act, receive with each quarterly payment of his annuity an equal amount to be paid from the pension fund as directed by the retirement board. (5) Any teacher who shall have become a member of the retirement association under the provisions of para- graph numbered (2) of section three, and who shall have served fifteen years or more in the public schools of the commonwealth, not less than five of which shall immedi- ately precede retirement, shall, on retiring as provided in paragraphs (1) and (2) of this section, be entitled to receive a retirement allowance as follows : (a) such an- nuity and pension as may be due under the provisions of paragraphs numbered (3) and (4) of this section; (6) an additional pension to such an amount that the sum of this additional pension and the pension provided in para- graph (4) of this section shall equal the pension to which he would have been entitled under the provisions of this act if he had paid thirty assessments on his average yearly wage for the fifteen years preceding his retirement and at the rate in effect at the time of his retirement: provided, Provisos. (1) that if his term of service in the commonwealth shall have been over thirty years the thirty assessments shall be reckoned as having begun at the time of his entering service and as drawing regular interest until the time of retirement; and further provided, (2) that if the sum of such additional pension together with the annuity and pension provided for by paragraphs numbered (3) and (4) of this section is less than three hundred dollars in any one year, an additional sum sufficient to make an annual retirement allowance of three hundred dollars shall be paid from the pension fund. (6) If at any time it is impossible or impracticable to consult the original records as to wages received by a member during any period, the retirement board shall determine the pension to be paid under paragraph num- bered (5) (6) of this section in accordance with the evi- dence they may be able to obtain. WITHDRAWAL AND REINSTATEMENT. SECTION 7. (1) Any member of the retirement associ- withdrawal and ation withdrawing from service in the public schools before rein8tatement - becoming eligible to retirement shall be entitled to receive 98 PUBLIC INSTRUCTION. [Chap. 832. from the annuity fund all amounts contributed as assess- ments, together with regular interest thereon, in the manner hereinafter provided. (2) If such withdrawal shall take place before ten annual assessments have been paid, the total amount to which such member is entitled as determined by the retirement board under the provisions of this act shall be paid to him in four annual instalments. (3) If such withdrawal shall take place after ten annual assessments have. been paid the amount so refunded shall be in the form of such annuity for life based on the con- tributions of such member, together with regular interest thereon, as may be determined by the retirement board according to its annuity tables, or in four annual instal- ments, as such member may elect. (4) If a member of the association withdrawing and re- ceiving payments in accordance with paragraphs num- bered (2) and (3) of this section, shall die before the amount of such payments equals the amount of his con- tributions to the annuity fund with regular interest, the difference between the amount of such payments and the amount of his contributions with regular interest shall be paid to his legal representatives. (5) Any member of the retirement association who shall have withdrawn from service in the public schools shall, on being re-employed in the public schools, be reinstated in the retirement association in accordance with such plans for reinstatement as the retirement board shall adopt. (6) If a member of the retirement association shall die before retirement, the full amount of his contributions to the annuity fund with regular interest to the day of his death shall be paid to his legal representatives. TAXATION, ATTACHMENTS AND ASSIGNMENTS. SECTION 8. That portion of the salary or wages of a attachment^, ' member deducted or to be deducted under this act, the right of a member to an annuity or pension, and all his rights in the funds of the retirement system shall be exempt from taxation, and from the operation of any laws relating to bankruptcy or insolvency, and shall not be attached or taken upon execution or other process of any court. No assignment of any right in, or to, said funds committees. Chap. 832.] RETIREMENT SYSTEM, ETC. 99 shall be valid. The funds of the retirement system, so far as invested in personal property, shall be exempt from taxation. DUTIES OF THE SCHOOL COMMITTEE. SECTION 9. (1) The school committee of each town Dutiesof school and city in the commonwealth shall, before employing in any teaching position any person to whom this act may apply, notify such person of his duties and obligations under this act as a condition of his employment. (2) On or before October first of each year the school committee of each town and city in the commonwealth shall certify to the retirement board the names of all teachers to whom this act shall apply. (3) The school committee of each town and city in the commonwealth shall, on the first day of each calendar month, notify the retirement board of the employment of new teachers, removals, withdrawals, changes in salary of teachers, that shall have occurred during the month pre- ceding. (4) Under the direction of the retirement board the school committee of each town or city in the common- wealth shall furnish such other information as the board may require relevant to the discharge of the duties of the board. (5) The school committee of each town and city in the . commonwealth shall, as directed by the retirement board, deduct from the amount of the salary due each teacher employed in the public schools of such city or town such amounts as are due as contributions to the annuity fund as prescribed in this act, shall send to the treasurer of said town or city a statement as voucher for such deduc- tions, and shall send a duplicate statement to the secre- tary of the retirement board. (6) The school committee of each town and city in the commonwealth shall keep such records as the retirement board may require. DUTIES OF BOARDS OF TRUSTEES. SECTION 10. In administering this act for the benefit of teachers in schools conducted in accordance with chap- ter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, the boards of trustees of 100 PUBLIC INSTRUCTION. [Chap. 832. Custody and investment of funds. said schools are hereby authorized and required to per- form all the duties prescribed for school committees under this act. CUSTODY AND INVESTMENT OF FUNDS. SECTION 11. (1) The treasurer of each town or city in the commonwealth on receipt from the school com- mittee or board of trustees of the voucher for deductions from the teachers' salaries provided for in section nine shall transmit, monthly, the amounts specified in such voucher to the secretary of the retirement board. (2) The secretary of the retirement board shall monthly pay to the treasurer of the commonwealth all sums col- lected by him under the provisions of paragraph (1). (3) All funds of the retirement system shall be in custody and charge of the treasurer of the commonwealth and the treasurer shall invest such funds as are not re- quired for current disbursements in accordance with the laws of the commonwealth governing the investment of sinking funds. He may, whenever he sells securities, deliver the securities so sold upon receiving the proceeds thereof, and may execute any or all documents necessary to transfer the title thereto. (4) The treasurer of the commonwealth shall make such payments to members of the retirement association from the annuity fund and pension fund as the retirement board shall order to be paid in accordance with sections six and seven of this act. (5) On, or before, the third Wednesday in January, the treasurer of the commonwealth shall file with the insur- ance commissioner for the commonwealth, and with the secretary of the retirement board, a sworn statement ex- hibiting the financial condition of the retirement system on the thirty-first day of the preceding December and its financial transactions for the year ending at such date. Such statement shall be in the form prescribed by the retirement board and approved by the insurance commis- sioner. Membership in other retire- ment associa- tions. MEMBERSHIP IN OTHER RETIREMENT ASSOCIATIONS. SECTION 12. (1) No person required to become a member of the association under the provisions of para- graph (1) of section three of this act shall be entitled to participate in the benefits of any other teachers' retire- Chap. 832.] RETIREMENT SYSTEM, ETC. 101 ment system, supported in whole or in part by funds raised by taxation, or to a pension under the provisions of chapter four hundred and ninety-eight of the acts of the year nineteen hundred and eight, or chapter five hundred and eighty-nine of the acts of the year nineteen hundred and eight, as amended by chapter six hundred and seventeen of the acts of the year nineteen hundred and ten. (2) No member of the retirement association shall be eligible to receive any pension as described in section six of this act, who is at the time in receipt of a pension paid from funds raised in whole or in part from taxation under the provisions of chapter four hundred and ninety- eight of the acts of the year nineteen hundred and eight, or chapter five hundred and eighty-nine of the acts of the year nineteen hundred and eight, as amended by chap- ter six hundred and seventeen of the acts of the year nineteen hundred and ten, or of any other act providing pensions for teachers, providing that this paragraph shall not be construed as applying to the Boston Teachers' Retirement Fund Association. REIMBURSEMENT OF CITIES AND TOWNS. SECTION 13. (1) Whenever, after the first day of July, Reimbursement nineteen hundred and fourteen, a town or city retires a towns 633 teacher who is not eligible to a pension under the provi- sions of section six, paragraph (4) of this act, and pays to such teacher a pension in accordance with chapter four hundred and ninety-eight of the acts of the year nineteen hundred and eight, or chapter five hundred and eighty- nine of the acts of the year nineteen hundred and eight, as amended by chapter six hundred and seventeen of the acts of the year nineteen hundred and ten, and the school committee of said town or city certifies under oath to the retirement board to the amount of said pension, said town or city shall be reimbursed therefor annually by the com- monwealth: provided, that no such reimbursement shall P> vi >- be in excess of the amount, as determined by the retire- ment board, to which said teacher would have been en- titled as a pension, had he become a member of the re- tirement association under the provisions of section three, paragraph (2) of this act. 102 PUBLIC INSTRUCTION. [Chap. 832. Enforcement (2) On or before the first Wednesday of January of each year, the retirement board shall present to the gen- eral court, a statement of the amount expended previous to the preceding first day of July by cities and towns in the payment of pensions under the provisions of the pre- ceding paragraph, for which such cities and towns should receive reimbursement. On the basis of such a statement, the general court may make an appropriation for the reim- bursement of such cities and towns up to such first day of July. JURISDICTION OF COURT. SECTION 14. The superior court shall have jurisdic- tion in equity upon petition of the insurance commissioner or of any interested party to compel the observance and restrain the violation of this act, and of the rules and regu- lations established by the retirement board hereunder. petition. REFERENDUM AND REPEAL. SECTION 15. Upon the petition of not less than five P er ceirt ^ the k a l v ters f anv city or town that has adopted chapter four hundred and ninety-eight : of the acts of the year nineteen hundred and eight, this question shall be submitted, in case of a city, to the voters of such city at the next city election, and, in case of a town, to the voters of such town at the next annual town meeting, and the vote shall be in answer to the question to be placed upon the ballot: "Shall an act passed by the gen- eral court in the year nineteen hundred and eight, en- titled, 'An Act to authorize cities and towns to establish pension funds for teachers in the public schools', be repealed?" and if a majority of the voters voting thereon at such election or meeting shall vote in the affirmative said act shall be repealed in such city or town. SECTION 16. So much of chapter four hundred and ninety-eight 1 of the acts of the year nineteen hundred and eight as authorizes its submission to the voters of a city or town for acceptance after the passage of this act is hereby repealed. SECTION 17. This act shall take effect upon its passage. 1 See page 193 of this pamphlet for the chapter referred to. RETIREMENT SYSTEM, ETC. 103 CHAPTER 494, ACTS OF 1914. CERTAIN TEACHERS IN THE SCHOOLS OF THE CITY OF BOSTON MAY BECOME MEMBERS OF THE STATE TEACHERS' RETIREMENT ASSOCIATION. SECTION 1. Teachers employed by the city of Boston Certain teach- prior to the thirtieth day of June, nineteen hundred and ofBoston Sfay fourteen, in schools operating under the provisions of chapter four hundred and seventy-one l of the acts of the year nineteen hundred and eleven and of chapter eight hundred and five of the acts of the year nineteen hundred and thirteen, may become members of the teachers' retirement association, as established by chap- ter eight hundred and thirty-two 2 of the acts of the year nineteen hundred and thirteen, in the manner prescribed by paragraph (2) of section three of said chapter; and all teachers employed in the said schools for the first time after the first day of July, nineteen hundred and four- teen, shall thereby become members of the said retire- ment association as prescribed by paragraph (1) of said section three. SECTION 2. Paragraph (3) of section three of said chapter eight hundred and thirty-two 2 shall not be con- not to appy. strued as applying to the teachers described in section one of this act. CHAPTER 498, ACTS OF 1908. CITIES AND TOWNS AUTHORIZED TO ESTABLISH PENSION FUNDS FOR TEACHERS IN THE PUBLIC SCHOOLS. SECTION 1. In any city or town, except the city of Bos- Pension ton, which accepts the provisions of this act a pension |?ubHc TCX>IS. fund shall be established for the retirement of teachers in the public schools. The fund shall be derived from such revenues as may be devoted to the purpose by the city council of a city or by direct appropriation by a town. The treasurer of the city or town shall be the custodian of the fund, and shall make annual or semi-annual payments therefrom to such persons and of such amounts as shall be certified to him by the school committee. SECTION 2. The school committee of any city or town Retirement of which shall accept the provisions of this act may retire teachers - etc - 1 See pages 74 and 80 of this pamphlet for chapters referred to. 2 See page 92 of this pamphlet for the chapter referred to. 104 Acceptance of act. When to take effect. PUBLIC INSTRUCTION. [Chap. 658. from active service and place upon the pension roll, any teacher of such city or town who is sixty years old or over, or is, in the judgment of said committee, incapacitated for useful service, and who has faithfully served such city or town for twenty-five years. The amount of the annual pension allowed to any person under the provisions of this act shall not exceed one half of the annual compensation received by such person at the time of such retirement and in no case shall exceed five hundred dollars. SECTION 3. l Upon the petition of not less than five per cent of the legal voters of any city or town, this act shall be submitted, in case of a city, to the voters of such city at the next city election, and, in case of a town, to the voters of such town at the next annual town meeting, and the vote shall be in answer to the question, to be placed upon the ballot: Shall an act passed by the general court in the year nineteen hundred and eight, entitled "An Act to authorize cities and towns to establish pen- sion funds for teachers in the public schools", be accepted? and if a majority of the voters voting thereon at such elec- tion or meeting shall vote in the affirmative this act shall take effect in such city or town. SECTION 4. 1 So much of this act as authorizes its sub- mission to the voters of a city or town shall take effect upon its passage, but it shall not take further effect in any city or town until accepted by the voters thereof as herein provided. CORRESPONDENCE SCHOOLS, AND OTHER LIKE SCHOOLS. [Chapter 658, Acts of 1914.] AN ACT TO REGULATE CORRESPONDENCE AND OTHER LIKE SCHOOLS. Sale of stocks, SECTION 1. It shall be unlawful for anv person, firm, bonds, etc., by . , . - i-.ii' e i correspondence association or corporation engaged in the business or pub- regSatecL C " lishing or selling school or text books or doing business as a correspondence school in this commonwealth, directly or indirectly, through its officers, agents or servants, to sell stocks, bonds or other securities, either of its own 1 See sections 15 and 16 of chapter 832, Acts of 1913, page 102 of this pamphlet. Chap. 658.] CORRESPONDENCE SCHOOLS, ETC. 105 company or of other companies, until and unless such person, firm, association or corporation shall file with the commissioner of corporations a copy of the charter and by-laws of any company whose stocks, bonds or other securities are offered for sale, a detailed statement, under oath, of the condition of the company, the properties owned or controlled by the company and the condition thereof, and before offering any such stocks, bonds or other securities for sale, a statement showing in detail the plan of selling the stocks, bonds or other securities, the plan of organization or increase of stock of the company, a copy of all contracts in connection with such sales of stocks, bonds, or other securities, the names and addresses of all officers, proposed officers or promoters of the com- pany, and the amount and price of the said stock, and the commission and promotion fees or expenses of the or- ganization of the company. If the commissioner of cor- porations is satisfied that the statements so furnished are correct and complete, that the proposed sale or sales of the stocks, bonds or other securities of the company will be conducted fairly, and that the representations therein contained are true, he shall, upon the payment of a fee of twenty-five dollars, issue a permit to sell such stocks, bonds or other securities. Any person, firm, association Penalty, or corporation that violates the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment in the house of correction, or jail, for a period of not more than one year, or by both such fine and imprisonment. SECTION 2. It shall be unlawful for any person, firm, False association or corporation, engaged in the business of pub- prohibited! 100 lishing or selling school or text books, or doing business as a correspondence school, acting by its officers, servants or agents, or otherwise, to make any representation as to its financial condition, or as to the financial condition of any other company whose stocks, bonds or other securities such person, firm, association or corporation is engaged in selling, which representation is not in accordance with the truth and with the charter and by-laws of such com- pany and with the certificate of financial condition and the representations filed in accordance with the provisions of section one hereof. Any person who purchases stocks, bonds, or other securities in pursuance or partly in pur- 106 PUBLIC INSTRUCTION. [Chap. 211. Pupa defrauded may bring action for recovery, etc. All persons doing business as correspond- ence school to conform to law, etc. Penalty. suance of any such representation may recover the price so paid in an action of debt against the person, firm, asso- ciation or corporation making the representation. SECTION 3. Any pupil in or of any such correspondence school who is defrauded by a misrepresentation made by an officer or agent of, or by any advertisement or circular issued by, the school, or by any person, firm, association or corporation who or which sells text books to the said school or to the pupils thereof, may have an action against such school, person, firm, association or corporation for recovery of three times the amount paid by him to such school, person, firm, association or corporation. SECTION 4. Every person, firm, association or corpora- tion doing business in this commonwealth as a correspond- ence school shall conform to the law thereto appertaining, and with the rules and regulations established by the board of education. SECTION 5. Violation of any provision of sections two, three or four of this act, or of any rule or regulation estab- lished by the board of education under authority hereof, shall be punished by a fine of not more than five hundred dollars for each offence. SCHOOL SAVINGS BANKS. [Chapter 211, Acts of 1911.] AN ACT TO AUTHORIZE SAVINGS BANKS TO RECEIVE DEPOSITS FROM SCHOOL CHILDREN. [Section 36 of chapter 590 of the Acts of 1908, as amended.] SECTION 36. Such corporation [any savings bank] shall carry on its usual business at its banking house only, and a deposit shall not be received or payment on account of deposits be made by the corporation [any savings bank] or by a person on its account in any other place than at its banking house, which shall be in the city or town in which the corporation [savings bank] is established; ex- cept that the corporation [savings bank] may, with the written permission of and under regulations approved by the [bank] commissioner, maintain and establish one or more branch offices or depots, for the receipt of deposits Chap. 211.] SCHOOL SAVINGS BANKS. 107 only, in the city or town in which its banking house is located, or in towns not more than fifteen miles distant therefrom in which there is no savings bank at the time when such permission is given: provided, however, that, in order to encourage saving among the children in the schools of this commonwealth, the corporation [savings bank] may, with the written consent of and under regu- lations approved by the [bank] commissioner arid, in the case of public schools, by the [bank] commissioner and the school committee in the city or town in which the school is situated arrange for the collection of savings from the school children by the principal or teachers of such schools or by collectors. All moneys so collected shall be entered on an individual deposit card furnished by the corporation [savings bank], but the total collections received by the corporation [savings bank] from any one principal or teacher may be entered in the name of such principal or teacher as trustee. When, however, the amount deposited by any one pupil and credited on the deposit card equals the minimum amount upon which interest is allowed the corporation [savings bank] shall issue a pass book to such pupil and thereafter, when the amount deposited by the pupil and credited on the de- posit card equals the sum of one dollar, it shall be trans- ferred to the deposit book by the corporation [savings bank]. The principal, teacher or person authorized by the corporation [savings bank] to make collections from the school children shall be deemed to be the agent of the corporation [savings bank] and the corporation [savings bank] shall be liable to the pupil for all deposits made with such principal, teacher or other person and entered upon the deposit card, the same as if the deposit were made by the pupil directly with the corporation [savings bank]. The annual meeting, and meetings of the trustees or board of investment of such corporation [savings bank], may be held at any place in the city or town in which its banking house is located. 108 PUBLIC INSTRUCTION. ADDITIONAL LAWS OF INTEREST IN EDUCA- TIONAL MATTERS. CHAPTER 208. SECTION 82, REVISED LAWS. WILFUL INJURY TO SCHOOLHOUSES OR PROPERTY. W 7 hoever wilfully, intentionally and without right, or wantonly and without cause, destroys, defaces, mars or injures a school house, church or other building which has been erected or used for purposes of education or religious instruction, or for the general diffusion of knowl- edge, or an out-building, fence, well or appurtenance of such school house, church or other building, or furniture, apparatus or other property which belongs to or is con- nected with such school house, church or other building, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year. CHAPTER 212, SECTION 20, REVISED LAWS, AS AMENDED BY CHAPTER 120, ACTS OF 1904, AND BY CHAPTER 259, ACTS OF 1913. PENALTY IF UNFIT PRINTED MATTER is DISTRIBUTED IN SCHOOLS OR AMONG YOUTH. Whoever imports, prints, publishes, sells or distributes a book, pamphlet, ballad, printed paper or other thing containing obscene, indecent or impure language, or mani- festly tending to corrupt the morals of youth, or an obscene, indecent or impure print, picture, figure or de- scription, manifestly tending to corrupt the morals of youth, or introduces into a family, school or place of education, or buys, procures, receives or has in his pos- session any such book, pamphlet, ballad, printed paper, obscene, indecent or impure print, picture, figure, image or other thing, either for the purpose of sale, exhibition, loan or circulation or with intent to introduce the same into a family, school or place of education shall be pun- ished by imprisonment for not more than two years and by a fine of not less than one hundred nor more than one thousand dollars. CHAPTER 212, SECTION 32, REVISED LAWS. DISTURBANCE OF SCHOOL. Whoever wilfully interrupts or disturbs a school or other assembly of people met for a lawful purpose shall be punished by imprisonment for not more than thirty days, or by a fine of not more than fifty dollars. ADDITIONAL LAWS, ETC. 109 CHAPTER 8, SECTION 5 (NINTH PART), REVISED LAWS, AS AMENDED BY CHAPTER 136, ACTS OF 1911. LEGAL HOLIDAYS. Ninth. The words "legal holiday" shall include the twenty-second day of February, the nineteenth day of April, the thirtieth day of May, the fourth day of July, the first Monday of September, the twelfth day of Octo- ber, Thanksgiving day and Christmas day, or the day following when any of the four days first mentioned, the twelfth day of October or Christmas day occurs on Sunday; and the public offices shall be closed on all of said days. CHAPTER 32, RESOLVES OF 1886. ESTABLISHMENT OF ARBOR DAY. Resolved, That his excellency the governor is requested to set apart in each year the last Saturday in April as Arbor Day, and to issue his proclamation recommending that it be observed by the people of the Commonwealth in the planting of trees, shrubs and vines, in the promo- tion of forest growth and culture, in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of a day so established. CHAPTER 5, RESOLVES OF 1911. OBSERVANCE OF FLAG DAY. Resolved, That the governor shall annually set apart the fourteenth day of June as Flag Day, that date being the anniversary of the adoption of the national flag by the continental congress in the year seventeen hundred and seventy-seven; and shall issue his proclamation recom- mending that the day be observed by the people of the commonwealth in the display of the flag and in such other ways as will be in harmony with the general char- acter of the day. CHAPTER 668, ACTS OF 1913. APPOINTMENT BY THE BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS OF A DIRECTOR OF EDUCATIONAL WORK FOR ALIENS, AUTHORIZED. The board of free public library commissioners may, with the consent of the governor and council, appoint an agent or secretary to direct educational work for the 110 PUBLIC INSTRUCTION. benefit of the alien population of the commonwealth, at a salary of such amount, not exceeding two thousand dollars, as the governor and council may approve. The said agent may at any time be removed from office by a majority vote of the board. In case of a vacancy, tem- porary substitutes may be engaged on terms and condi- tions approved by the governor and council. CHAPTER 481, ACTS OF 1912. GRANTING OF DEGREES BY COLLEGES AND OTHER INSTI- TUTIONS OF LEARNING. SECTION 1. (As amended by chapter 56 of the Acts of 1914-) On or before the first day of November, a peti- tion described in section six 1 of chapter three of the Re- vised Laws shall be deposited in the office of the board of education. The board of education shall transmit such petition to the general court during the first week of the following session, together with its recommendations rela- tive thereto. SECTION 2. So much of section seven of chapter three of the Revised Laws as is inconsistent herewith is hereby repealed. CHAPTER 3, REVISED LAWS. SECTION 5. . . . , shall give notice of such petition by publishing a copy thereof once in each of three successive weeks in such newspaper or newspapers as the secretary of the commonwealth, having regard to the locality of the interests involved in such petition, shall direct; the last publication to be made at least fourteen days before the session at which the petition is to be presented. SECTION 6. Whoever intends to present to the general court a petition for the incorporation of a college, uni- versity or other educational institution, with power to grant degrees, or for such an amendment to the charter of an existing educational institution as will give to it power to grant degrees shall give notice of such petition by publishing a copy thereof, in the manner required in section five, in such newspaper or newspapers as [the sec- retary of] the board of education shall direct. 1 Section 6 and such other sections or portions thereof as are necessary are given for convenience of reference. Chap. 87.] STATE SCHOLARSHIPS. Ill SECTION 7. 1 [On or before the first day of January,] a petition described in section five shall be deposited in the office of the secretary of the commonwealth and a petition described in section six shall be deposited in the office of [the secretary of] the board of education, with proof of publication satisfactory to the secretary 2 with whom it is so deposited, and he shall transmit it to the general court during the first week of the session with an endorsement that the required publication has been made. STATE SCHOLARSHIPS. [Chapter 87, Resolves of 1912.] WORCESTER POLYTECHNIC INSTITUTE. RESOLVE IN FAVOR OF THE WORCESTER POLYTECHNIC INSTITUTE. Resolved, That there shall annually be paid out of the Worcester treasury of the commonwealth to the treasurer of the ESS Worcester Polytechnic Institute for the term of ten years, beginning with the first day of September, nineteen hun- dred and twelve, the sum of fifty thousand dollars, to be expended under the direction of the corporation of said institute for the general purposes of the institute: pro- Proviso. vided, however, that the payment for the year nineteen hundred and seventeen and for the four following years shall be conditioned upon the presentation of satisfactory evidence to the governor and council that the institute has received by bequest or gift from other sources property amounting in value to three hundred and fifty thousand dollars in addition to the property held by it on -the day of the approval of this resolve. In consideration of such payment and of the grant made by chapter fifty-seven of the resolves of the year eighteen hundred and sixty-nine, the Worcester Polytechnic Institute shall maintain forty free scholarships, of which each senatorial district in the commonwealth shall be entitled to one full scholarship, if a candidate is presented who is otherwise unable to bear the expense of tuition. In case no such candidate 1 Portions of section 7 enclosed in brackets are superseded by section 1 (as amended) of chapter 481, Acts of 1912, page 110 of this pamphlet. 1 Commissioner of Education. 112 PUBLIC INSTRUCTION. [Chap. 168. 1911, Res. 78, amended. Massachusetts Institute of Technology. Proviso. appears from a senatorial district, then a candidate may be selected from the state at large to fill the vacancy, and he may continue to hold the scholarship annually until a candidate is presented from the senatorial district unrep- resented. The scholarships shall be awarded to such pupils of the public schools of Massachusetts as shall be found upon examination to possess the qualifications prescribed for the admission of students to said institute, and as shall be selected by the board of education, preference in the award being given only to qualified candidates other- wise unable to bear the expense of tuition. Chapter five hundred and sixty-two of the acts of the year nineteen hundred and ten is hereby repealed. [Approved April 30, 1912. [Chapter 168, Acts of 1912.] MASSACHUSETTS INSTITUTE OF TECHNOLOGY. AN ACT RELATIVE TO FREE SCHOLARSHIPS TO BE MAIN- TAINED BY THE MASSACHUSETTS INSTITUTE OF TECH- NOLOGY. Chapter seventy-eight of the resolves of the year nine- teen hundred and eleven is hereby amended by inserting after the word "districts", in the twenty-eighth line, the words: If three or more properly qualified candidates make application from any senatorial district, the board of education shall, at the request of the senator from that district, grant four half scholarships, or two half scholar- ships and one whole scholarship, or two whole scholar- ships from that district, so as to read as follows : - Resolved, That there shall annually be paid from the treas- ury of the commonwealth to the Massachusetts Institute of Technology, for the term of ten years, beginning with the first day of January in the year nineteen hundred and twelve, the sum of one hundred thousand dollars, to be expended under the direction of the corporation of said institute for the general purposes of the institute: pro- vided, however, that the payment for the year nineteen hundred and seventeen and for the four following years shall be conditioned upon the presentation of satisfactory evidence to the governor and council that the said Massa- chusetts Institute of Technology has received, by bequest or gift from other sources, the sum of one million dollars in addition to all the funds held by it on the day of the Chap. 168.] STATE SCHOLARSHIPS. 113 approval of this resolve. In consideration of the said pay- ments and during the continuance thereof, the Massachu- setts Institute of Technology shall maintain eighty free scholarships to be granted by the board of education to residents, or minor children of residents of Massachusetts who, upon examination conducted under such rules and regulations as the president of the said institute may prescribe, shall be found to possess the qualifications fixed for the admission of students to the institute. Two such scholarships shall be available annually for properly qualified candidates from each senatorial district, but if there be less than two properly qualified candidates in any senatorial district, such number of scholarships, less in amount than two from each district, may then be dis- tributed by the board of education among the other sena- torial districts. If three or more properly qualified candi- dates make application from any senatorial district, the board of education shall, at the request of the senator from that district, grant four half scholarships, or two half scholarships and one whole scholarship, or two whole scholarships from that district. Candidates for these scholarships shall make application to the board of educa- tion before the first day of July in each year, and shall forward to that board the approval in writing of the sena- tor from the district in which the candidate resides. In awarding the scholarships preference shall be given to properly qualified candidates who are otherwise unable to bear the expense of tuition. All acts and resolves and parts of acts and resolves heretofore passed authorizing the annual appropriation of funds by the commonwealth for the maintenance of free or state scholarships in the Massachusetts Institute of Technology, or prescribing the conditions under which such scholarships shall be awarded, are hereby repealed. The Massachusetts Institute of Technology shall trans- mit each year copies of the annual report of its president to the general court. The eighty half scholarships now in force, as shown by the records of the Massachusetts Institute of Technology, shall continue in full force and effect until the end of the course for which they were given, after which time all future scholarships shall be filled under the regulations and conditions herein prescribed. [Approved February 28, 1912. 114 PUBLIC INSTRUCTION. [Chap. 655. CHAPTER 493, ACTS OF 1898. AN ACT RELATIVE TO AWARDING STATE SCHOLARSHIPS IN THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY AND IN THE WORCESTER POLYTECHNIC INSTITUTE. SECTION 1. The state board of education may in its discretion award that any free scholarship which [either the Massachusetts Institute of Technology or] the Worces- ter Polytechnic Institute is required to maintain under the provisions, respectively, of chapters [three hundred and ten] and four hundred and seven of the acts of the year eighteen hundred and ninety-six, 1 shall be divided between two pupils. The scholarships so divided shall be called half scholarships; and neither of said institutions shall require from any pupil to whom a half scholarship has been awarded payment of more than one half of the regular charge or fee for tuition paid by pupils not holding scholarships. SECTION 2. This act shall take effect upon its passage. (The parts in brackets in the above section are superseded by chapter 168, Acts of 1912, page 112 of this pamphlet.) CONSTRUCTION OF BUILDINGS. [Chapter 655, Acts of 1913.] AN ACT TO REVISE AND CODIFY THE BUILDING INSPECTION LAWS OF THE COMMONWEALTH. SECTION 11. If a schoolhouse in a city has not been JSd with provided with a safe and proper egress or other means of escape f rom fi r6j as required by this act, within six months after the written notice provided for in section twenty- eight of this act, the mayor, for the purpose of conforming to the provisions of this act relative to egresses or other means of escape from fire in schoolhouses, may, upon peti- tion of one hundred citizens or taxpayers in such city, authorize the expenditure upon such schoolhouse of not more than fifteen per cent of the cost thereof, payable from any money in the treasury of that city which is not otherwise appropriated. Construction etc. SECTION 15. No building which is designed to be used, in whole or in part, and no building in which alteration Chap. 655.] CONSTRUCTION OF BUILDINGS. 115 shall be made for the purpose of using it, or continuing its use, in whole or in part, as a public building, public or private institution, schoolhouse, church, theatre, special hall, public hall, miscellaneous hall, place of assemblage or place of public resort, or as a factory, workshop or mercantile or other establishment and to have accommo- dations for ten or more employees, and no building more than two stories in height designed to be used above the second story, in whole or in part, and no building more than two stories in height in which alteration shall be made for the purpose of using it, or continuing its use, in whole or in part, as an office building, dormitory, hotel, family hotel, apartment house, boarding house, lodging house or tenement house, and to have eight or more rooms above said story, shall be erected, and no alteration shall be made therein, until a copy of the plans and specifica- tions thereof has been deposited with the supervisor of plans of the building inspection department of the district police by the person causing its erection or alteration or by the architect thereof. Such plans and specifications shall include those for heating, ventilation and sanitation, as the supervisor of plans may require. Such building shall not be so erected or altered without sufficient egresses and other means of escape from fire, properly located and constructed. The supervisor of plans may require that stairways shall be enclosed, that they shall have suitable landings, that they shall be provided with hand-rails, that egress doors and windows shall open outward and have approved hardware, that places of egress shall be properly lighted and designated, and that proper fire stops shall be provided in the floors, walls, partitions and stairways of such building. He may make such further requirements as may be necessary to prevent the spread of fire, or its communication from any steam boiler or heating apparatus therein. The certificate of approval of Certificate the supervisor of plans of such plans and specifications, ofappro endorsed with the approval of the deputy chief of the building inspection department of the district police, or a specification of requirements necessary for compliance with the provisions of this act, set forth in detail and so endorsed, shall be issued to the person causing its erection or alteration, or to the architect thereof, and a copy of the same, together with the plans, shall then be turned over to the inspector in whose district the building is to 116 PUBLIC INSTRUCTION. [Chap. 655. Buildings to be provided with fire escapes, etc. be erected or altered, who shall enforce the requirements thereof and supervise such erection or alteration. After a certificate of approval, or a specification of requirement, has been issued, no change shall be made in the plans or specification, or in the building, without the permission in writing of the supervisor of plans. SECTION 20. A building which is used, in whole or in part, as a public building, public or private institution, schoolhouse, church, theatre, special hall, public hall, mis- cellaneous hall, place of assemblage, or place of public resort, and a building in which ten or more persons are employed in a factory, workshop, mercantile or other establishment, and an office building, dormitory, hotel, family hotel, apartment house, boarding house, lodging house or tenement house which has eight or more rooms or in which ten or more persons are accommodated or lodged or reside above the second story, the owner, lessee or occupant of which is notified in writing by an inspector that the provisions of this act are deemed by him appli- cable thereto, shall be provided with proper egresses or other means of escape from fire, sufficient for the use of all persons accommodated, assembled, employed, lodged or resident therein; but no owner, lessee or occupant of such building shall be deemed to have violated this provision unless he has been notified in writing by such inspector what additional egresses or means of escape from fire are necessary and has neglected for thirty days, or has refused, to provide the same. The egresses and means of escape shall be kept unobstructed, in good repair and ready for use, and, if the inspector so directs in writing, every such egress shall be properly lighted and provided with a sign having on it the word "Exit" in letters not less than five inches in height, and so made and placed as plainly to indicate to persons within the building the location of such egresses, stairways shall have suitable hand-rails, egress doors and windows shall open outwardly, and women or children shall not be employed, in a factory, workshop, mercantile or other establishment, in a room above the second story from which there is only one egress. The certificate of the inspector shall be con- clusive evidence of a compliance with the said require- ments. Portable seats shall not be allowed in the aisles or passageways of such buildings during any service or CONSTRUCTION OFBUILDINGS. Chap. 655.] 117 entertainment held therein. Stairways on the outside of the building shall have suitable railed landings at each story above the first, accessible at each story from doors or windows, and such landings, doors and windows shall be kept clear of ice, snow and other obstructions. SECTION 21. The basement and each story of a build- StLguWnw, ing which is subject to the provisions of the preceding etc< section shall be supplied with means of extinguishing fire, consisting of a hose attached to a suitable water supply and capable of reaching any part of such basement or story, or of such portable apparatus as the inspector shall direct; and such appliances shall be kept at all times ready for use and in good condition. SECTION 22. No wooden flue or air duct for heating or wooden flues, , ., , . iTii IT in etc., prohibited. ventilating purposes shall be placed, or shall remain placed, in any building which is subject to the provisions of sections fifteen and twenty of this act, and no pipe for conveying hot air or steam in such building shall be placed, or shall remain placed, within one inch of any wood- work, unless protected to the satisfaction of the inspector by suitable guards or casings of incombustible material. SECTION 27. If any change in the use or otherwise shall SanS in the be made upon premises for which such certificate has been g2 1 f ing) etc . issued which would render the certificate void, according to the provisions of section twenty of this act, the person who makes such change shall forthwith give written notice thereof to an inspector for the district or to the chief of the district police. SECTION 28. If an inspector finds that any building Notice of or part thereof which is subject to the provisions of this Snform?etc. act fails to conform thereto, or if any change is made therein which would render a certificate void according to the provisions of section twenty of this act, he shall give notice in writing to the owner, lessee, occupant or agent in charge thereof, specifying such additional pro- visions, egresses or other means of escape from fire as in his opinion may be necessary to make it conform to the provisions of this act and to obtain a certificate as afore- said; and any such owner, lessee, occupant or agent in Penalty, charge thereof, failing to comply with such notice for a period of thirty days, may be punished by a fine of not less than fifty nor more than one thousand dollars. 118 PUBLIC INSTRUCTION. [Chap. 655. "Miscella- neous hall," defined. Ventilation and sanitation. Terms defined. SECTION 39. The term "miscellaneous hall" shall mean a building or part of a building containing an audience or assembly hall capable of seating not more than four hun- dred persons, a society hall, or a hall in a public or private school building. The certificate of the inspector shall be conclusive evidence of a compliance with the provisions of this act for such use of a hall as he shall set forth in detail in the certificate, and shall be conspicuously posted near the main entrance of the hall. SECTION 40. Every public building and every school- house shall be kept clean and free from effluvia arising from any drain, privy or nuisance, shall be provided with a sufficient number of proper water closets, earth closets, or privies, and shall be ventilated in such a manner that the air shall not become so impure as to be injurious to health. If it appears to an inspector that further or different heating, ventilating or sanitary provisions are required in any public building or schoolhouse, in order to conform to the requirements of this section, and that such requirement can be provided without unreasonable expense, he may issue a written order to the proper person or authority, directing such heating, ventilating or sani- tary provisions to be provided. A school committee, public officer, or person who has charge of, owns, or leases any such public building or schoolhouse, who neglects for four weeks to comply with the order of such inspector shall be punished by a fine of not more than one hundred dollars. The state inspectors of health or such other officers as the state board of health may from time to time appoint shall make such examinations of school build- ings as in the opinion of said board the protection of the health of the pupils may require. SECTION 41. In the preceding section, "public build- ing" shall mean any building or part thereof used as a public or private institution, church, theatre, special hall, public hall, miscellaneous hall, place of assemblage or place of public resort, and "schoolhouse" shall mean any building or part thereof in which public or private instruc- tion is afforded to more than ten pupils at one time. Time of taking effect. SECTION 62. This act shall take effect on the first day of November, nineteen hundred and thirteen. Chap. 835.] SCHOOL COMMITTEES. 119 CANDIDATES FOR, AND ELECTION OF, SCHOOL COMMITTEES. [Chapter 835, Acts of 1913.] SECTION 13. (As amended by chapter 345, Acts of 1914-} Every female citizen having the qualifications of voters a male voter required by the preceding section may have her name entered upon the list of voters for school com- mittee, and shall have the right to vote for the nomination and election of members of the school committee upon complying with the requirements hereinafter set forth. SECTION 133. (As amended by chaptei 345, Acts of 1914-} - - - Every nomination paper shall state, in addi- contents, etc. tion to the name of the candidate, (1) his residence, with the street and number thereof, if any, (2) the office for which he is nominated, (3) the political or municipal party which he represents, and the paper may state, in not more than eight words, the occupation of the candi- date, the public offices which he has held, or that he is a candidate for renomination, provided he is at the time an incumbent of the office for which he seeks renomination for another term, but not otherwise. Every voter who signatures. signs such paper shall sign it in person, with his full surname, his Christian name, and the initial of every other name which he may have, and shall state his resi- dence of the previous first day of April, as well as the place where he is then living, with the street and number thereof; but any voter who is prevented by physical disability from writing, or who had the right to vote on the first day of May in the year eighteen hundred and fifty-seven, may authorize some person to write his name and residence in his presence; and every voter may sign as many nomination papers for each office to be filled as there are persons to be nominated for or elected thereto, and no more. Women who are qualified to vote may sign nomination papers for candidates for members of the school committee, to be voted for at primaries, and shall be subject to all the provisions of law relating to such nomination'papers. . . . 120 PUBLIC INSTRUCTION. [Chap. 835. School committee. Women eligible for certain officers. SECTION 400. . . . The town shall likewise at its annual meeting choose from the inhabitants thereof members of the school committee, which committee shall consist of any number of persons divisible by three which the town has decided to elect, one third thereof to be elected an- nually, for the term of three years. If a town fails or neglects to choose such committee, an election at a sub- sequent meeting shall be valid. Where official ballots are used the number to be so elected shall be determined at a meeting held at least thirty days before the annual town meeting. A town may, at an annual meeting, if official ballots are not used, otherwise at a meeting held at least thirty days before the annual meeting at which such change is to become operative, vote to increase or diminish the number of its school committee. Such increase shall be made by adding one or more to each class, to 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 diminution under it is accomplished. Women shall be eligible as overseers of the poor and school committee. manne?^f ers ' SECTION 411. The election of town clerk, selectmen, election. assessors, overseers of the poor, town treasurer, auditor, collector of taxes, constables, road commissioners, sewer commissioners, board of health and school committee shall be by ballot; and the election of all other town officers shall be in such manner as the town may deter- mine, unless otherwise provided by law. . . . Ballots to be sealed up, indorsed, etc. Town clerk, oath, etc. SECTION 413. If the town clerk, selectmen, assessors, treasurer, collector of taxes and school committee are voted for on one ballot, the moderator shall cause all such ballots when canvassed and counted, and record thereof has been made, publicly to be enclosed in envelopes, which shall be sealed and indorsed, and certified in the manner required by section three hundred and four. SECTION 414. A person who is elected town clerk, if present at the meeting, shall forthwith be sworn, either by the moderator or by a justice of the peace, and shall at once enter upon the performance of his duties. Every Chap. 835.] SCHOOL COMMITTEES. 121 town officer designated by name in section four hundred, unless other provision is specifically made by law, shall office, etc. enter upon the performance of his duties on the day after his election or as soon thereafter as he is qualified, and shall hold office during the term fixed by law, which shall begin on the day after the annual meeting, and until another person is chosen and qualified in his stead. SECTION 415. Town officers designated by name in Town officers, section four hundred shall, before entering upon their * official duties, be sworn to the faithful performance thereof. Such oath may be administered by the moderator in open town meeting, or by the town clerk. The town clerk shall J2ta lerk forthwith, after the election or appointment of town certain officers. officers required to take an oath of office, make a list of the names of all such officers not sworn by him or by the moderator, and deliver it with his warrant to a constable requiring him within three days to summon each such person to appear and take the oath of office within seven days after the service of such summons upon him; and the constable shall within said seven days make' return thereof to the town clerk. Persons so summoned, unless TO appear and exempt by law from holding the office, shall within said ^thhTseven seven days, take the oath of office before the town clerk days, etc. or before a justice of the peace, and file a certificate thereof with the town clerk. SECTION 420. No ballot shall be received from any Ballots for woman who votes for school committee in a town which fo?Tchoo? tins does not use official ballots unless it has the words "For committee - School Committee only'*, on the back thereof. Such ballots shall be counted only in the choice of members of the school committee, and for no other office or purpose. SECTION 429. If there is a failure to elect, or if a va- certain officers, cancy occurs in any town office, other than the offices of selectmen, town clerk, assessor, treasurer, collector of taxes or auditor, the selectmen shall in writing appoint a person to fill such vacancy. If there is a vacancy in a board consisting of two or more members, the remaining members shall give notice thereof in writing to the select- men, who, with the remaining member or members of such board shall, after one week's notice, fill such vacancy by ballot. A majority of the ballots of the officers en- 122 PUBLIC INSTRUCTION. [Chap. 835. Vacancies, removal from town. Proceedings at special elections. titled to vote shall be necessary to such election. The person so appointed or elected shall perform the duties of the office until the next annual meeting or until another is chosen and qualified. SECTION 430. If a person removes from a town, he shall thereby vacate any town office held by him. SECTION 431. The proceedings in an election held by reason of a previous failure to elect, or to fill a vacancy, and the qualifications of a person to be elected or ap- pointed, shall be the same as in an original election. MASSACHUSETTS. CONSTITUTION; AND Duty of legis- latures and magistrates in all future periods. For further pro- visions as to public schools, see amendments, Art. XVIII. 12 Allen, 500, 508. 103 Mass. 94, 97. School moneys not to be applied for sectarian schools. 12 Allen, 500, 508. 103 Mass. 94, 96. CONSTITUTION OF EDUCATIONAL PROVISIONS OF THE AMENDMENT. In the Constitution of Massachusetts are the following provisions and amendment : CHAPTER V., SECTION II. THE ENCOURAGEMENT OF LITERATURE, ETC. Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislators and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, com- merce, trades, manufactures and a natural history of the country; to countenance 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. [Adopted in 1780.] AMENDMENT, ARTICLE XVIII. No PUBLIC MONEY TO BE USED FOR SECTARIAN SCHOOLS. ART. XVIII. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the state for the support of common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superin- tendence of the authorities of the 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 28, 1855.} ADDITIONAL LAWS. 123 The following index will serve as a guide to certain laws to which occasional reference needs to be made in dealing with educational matters : Blind, adult, instruction of, ........ Commission for, may provide schools for, ..... Children, under seventeen years of age, admission of, to dance halls and roller skating rinks, Crippled and deformed, school for, ...... Delinquent and wayward. Common towels, 1 use of, in public places, . . . . . Juvenile offenders, care and reformation of, trustees of Massachu- setts Training Schools, ....... Reform schools, solitary confinement forbidden, Dog tax may be applied to schools, ...... Feeble-minded, Massachusetts School for, School for, act of 1906 to establish, . Industrial schools for boys, reform, Land, taking of, for school purposes, .... Liquor license, distance from school building, . Playgrounds, ......... Property for educational purposes exempt from taxation, . Support of public schools, money appropriated at town meeting, Textile schools, Chap. 297, Acts of 1902. Chap. 385, Acts of 1906. Chap. 384, Acts of 1906. [Chap. 446, Acts of 1904. .1 Chap. 128, Acts of 1905. ] Chap. 226, Acts of 1907. [Chap. 497, Acts of 1909. Chap. 413, Acts of 1906. Chap. 195, Acts of 1907. Chap. 286, Acts of 1908. Chap. 175, Acts of 191-1. Chap. 187, Acts of 1912. Chap. 59, Acts of 1912. Chap. 566, Acts of 1911. Chap. 265, Acts of 1911. Chap. 102, sect. 163, R. L. Chap. 504, Acts of 1909, sects. 59-65. f Chap. 508, Acts of 1906. \ Chap. 421, Acts of 1907. fChap. 639, Acts of 1908. Chap. 472, Acts of 1909. Chap. 207, Acts of 1914. Chap. 25, sects. 47-49, R. L. Chap. 266, Acts of 1905. Chap. 33, Acts of 1914. f Chap. 100, sect. 35, R. L. \ Chap. 104, Acts of 1906. f Chap. 513, Acts of 1908. \ Chap. 508, Acts of 1910. [Chap. 223, Acts of 1912. Chap. 490, Acts of 1909, Part I., sect. 5, clause 3. Chap. 25, sect. 15, R. L. ' Chap. 125, sects. 20-22, R. L. Chap. 248, Acts of 1904. Chap. 216, Acts of 1905. Chap. 275, Acts of 1906. Chap. 445, Acts of 1912. 1 Use of common towels prohibited in public schools, according to a rule of the State Department of Health. INDEX INDEX. A. PAGE Absence from school, ........... 41, 42 Certain cases of, allowed, ......... 41 Excused when necessary, limit of , . . . . . . . . 41 Penalty for attempt to induce, ........ 42 Physical or mental condition in relation to, ...... 41 Absentees, truants, school offenders, etc., 48-51 Advisory committee for vocational schools, appointment of, and duties of, . . 77 Agents of the Board of Education, . . . . . . . . . 4, 5 Employment certificates must be accessible to, ...... 57 Employment of ............ 5 Salaries and travelling expenses, ........ 4 School registers open to, .......... 40 Text-books, etc., or articles of school supply, publication or sale by, pro- hibited, 5 Agricultural College, Massachusetts, education in, free to residents of Massa- chusetts, 88 Normal department may be established in, ...... 74 Agricultural education and instruction : "Agricultural education," definition of, ....... 74 In general (see also Vocational education, State-aided) , 83-88 In Bristol County Independent Agricultural School, ..... 83-85 Administration and maintenance of ........ 84 County commissioners in relation to trustees of, ..... 83 Half-rate fares for pupils of, ........ 85 Location of, etc., ......... 83 Non-resident pupils, approval of Board necessary, .... 84, 85 Support of, 84 In Essex County Independent Agricultural School, ..... 85-88 Half-rate fare on street railways for pupils of ...... 88 Location of, etc., .......... 86 Maintenance of, etc., ......... 87 Pupils, non-resident, etc., approval of Board in relation to, . . . 87 Reimbursement for expenditures, ....... 87 Tuition fee, etc 87 In independent industrial schools, ........ 75-77 In North Adams State Normal School, department in, .... 8 Subject of, may be taught in public schools, ...... 14 Alcoholic drinks, stimulants, narcotics, effect on system to be taught, . . 14 Aliens, educational work for, Free Public Library Commission may appoint director of, 109 American School for the Deaf, .... 9 128 INDEX. PAGE Amusement, places of, admission of child under fourteen years of age to, regulated, 73 Annuities for teachers. See Retirement system for public school teachers. Apparatus and books of reference, etc., school committee to procure, ... 29 Arbor Day, establishment of, ......... 109 Associations, county, teachers, payment to, by State, ..... 10 Massachusetts Teachers' Association, payment to, by State, ... 10 Teachers' Retirement Association, . . . . . . . . 92-102 Athletic organizations of pupils may be supervised, etc., by the school committee, 21 Attendance officers: Additional duties, relation to care of indigent and neglected children, . . 72 Appointment of and duties of, 52 Arrest by, of child who violates conditions of parole, ..... 50 Change of name from truant officers, 53 Children on probation, under oversight of, ...... 49 Complaints by, 48,49,73 In relation to children between seven and sixteen years of age, found wandering in streets, etc., ........ 48 In relation to children under sixteen years of age, who violate reasonable regulations of school, etc., ........ 49 In relation to habitual absentees or truants between seven and sixteen years of age, .......... 48 In relation to children under fourteen years of age admitted to places of amusement, ........... 73 Disciplinary day schools in Boston, children to be returned to, by, . . 54 Employment certificate and educational certificate, production of, may be required by, .......... 63 Employment certificate must be accessible to, ...... 57 Factories, workshops, manufacturing establishments, etc., may be visited by, 62 Minor unlawfully employed may be arrested by, 63 Penalties for hindering or delaying work of, ...... 70 Police power in full vested in, in regard to minors in certain occupations, . . 70 Report of, in writing, in cases of illegal employment, to school authorities and to State Board of Labor and Industries, ..... 62 Suffolk School for Boys, commitment to, upon complaint of, ... 54 Summons or warrants may be served by, . . . . . . . 51, 52 Women may serve as, 52 Attendance upon school, in general, ........ 40-45 Absence from. See Absence from school. Admission refused, reasons to be given by school committee upon request, . 45 Children between seven and fourteen years of age, ..... 40, 41 Children between fourteen and sixteen years of age, . . . . . 40, 41 Compulsory, between seven and fourteen and under sixteen years of age in certain cases, .......... 40, 41 Children placed, by the trustees of Massachusetts Training Schools, . . 43 By the State Board of Charity and by the trustees for children of the city of Boston, .......... 43 Compulsory ages for, .......... 40, 41 Exclusion from, on account of infectious or contagious disease, ... 44 Exclusion from, reasons to be given for, ....... 45 Institutions, children placed in, expense for, . . . . . . 44 Non-resident pupils, consent of school committee necessary in certain cases, 44 Physical or mental condition in relation to, . . . . . . 41, 42 In evening schools, 65 INDEX. 129 Attendance upon school Concluded. PAGE Places other than residence 42, 43 Transportation expenses, ......... 43 Tuition for 43 Private schools, conditions of approval for, ...... 41 Race, color or religion not to exclude from, ...... 42 Regulations of, also penalty 41-45 Rights of children relating to, . . . . . . . . . 42 State wards, transportation of, ........ 43 Vaccination, neglect of, in certain cases, debars from, .... 44 Attendance on vocational education schools, restrictions as to age, ... 76 Attorney-General, approval of, necessary in case of forms for employment certi- ficate and educational certificate, ....... 61 Auditor of the Commonwealth, normal school accounts directed by, ... 7 Average membership, how to reckon, ........ 40 B. Badges for minors in certain occupations, ....... 68, 69 Banks, savings, school, . 106, 107 Baptismal certificate, or birth certificate, in connection with issuance of employ- ment certificate, .......... 58 Barnstable, model and practice schools in, 7 Bible to be read in the schools, ......... 22 Blind, adult, instruction of, reference to law, ....... 123 Blind, Commission for, may establish schools, reference to law, . . . 123 Blind, education of, by State, in Perkins Institution and Massachusetts School for, 9 Board of Education: Act consolidating Board with the Commission on Industrial Education, . 3, 4 Agents and assistants, employment of (see also Agents of the Board), . . 4, 5 Agricultural education in North Adams State Normal School, ... 8 Annual report of, to be sent to chairmen of the school committees, . . 36 Blind and deaf, approval and supervision of education of, and report, . . 9 Boarding houses of normal schools, management vested in, . . . . 7 Board of Health, consultation with, on directions for sight and hearing tests, 90 Bristol County Independent Agricultural School 83-85 Census books, registers, school returns, forms for, prescribed by, ... 5 Certification by, of superintendents of schools in State-aided unions, . . 33 Of teachers in State-aided high schools, 18 Clerical and messenger assistance, ........ 4 Commissioner of Education, appointed by, . . . . . . 3, 4 Duties and powers of .......... 4 Commission on Industrial Education, expiration of, . . . . ; 4 Duties of, conferred on, ......... 3 Continuation schools, etc., to be approved by, ...... 80, 81 Correspondence schools, in relation to, ....... 106 Deaf and blind, approval and supervision of education of, by, ... 9 Deputy commissioners appointed by, ....... 4 Duties and powers of .......... 3 Employment certificates and educational certificates in relation to, . . 61 Essex County Independent Industrial School, 86, 87 Expenditures of, report to be made, ........ 6 Paid from treasury of Commonwealth, . . . . . . 4, 5 Expiration of former Board, . 4 130 INDEX. Board of Education Concluded. PAGE Grants, etc., for educational purposes may be held in trust by, ... 5 Treasurer of the Commonwealth to receive, ..... 5 High schools, approval by, . . . . . . . . .15-18 Incidental or travelling expenses, . . . . . . . 4, 5 Massachusetts School Fund, withheld from towns by request of, in certain cases, 12 Compliance with law to satisfaction of the Board necessary for receipt of, 13 Massachusetts Teachers' Association, payment to, subject to approval of, . 10 Medical inspection of schools in relation to, ...... 90 Members of, appointment of, by Governor and Council, .... 3 Model and practice schools established by, . . . . . 7, 8 Normal schools, general management of, vested in, ..... 7 Foreign pupils may be received in, ....... 7 North Adams State Normal School, agricultural department in, may be provided by, ........ Powers and duties, .......... 3 Private and other educational institutions, blanks for reports to be sent by, . 8 Reports of, to be sent to, ......... 8 Records of doings of, to be open to public inspection, .... 6 Registration of teachers for positions 27 Report of, annual, to be made to the General Court, . . . . . 5, 6 School registers, census books, etc., forms to be prescribed by, . . 36 Annual expenditures for, by, ........ 36 School returns, abstract of, to be contained in report of , . . . 5, 6 Secretary of, duties and powers of, conferred on the commissioner, . 4 Sight and hearing tests, ... . 90 Instruction in best methods to be provided in normal schools, . . 90 Superintendency unions, payment to, certified by, Dissolution of, consent of the Board required, ..... 30 Formation or readjustment of, by, Superintendents of schools in, examined by, ..... 33 Teachers' institutes and associations, in relation to, . . . . . 10 Teachers' positions, application for, may be filed with, List of applicants for, to be printed by, . . . . . . 27 Term of office of 3 Todd normal school fund, income of, to be applied by, .... 14 Training (truant) schools, visitation by, and report by, ... 48 Travelling expenses of, also of agents, etc., . . 4, 5 Trust funds, etc., may be held by, . Vocational and continuation schools, approval by, for training of teachers, . 79, 80 Classes for training of teachers of, may be established by, ... 80 Vocational education, State-aided, administered and supervised by, Statement of amount expended to be made annually to General Court, . 78, 79 Boarding houses, normal schools, management of, .... 7 Board of Labor and Industries, State: Conference with Board of Education in relation to forms for employment certificates and educational certificates, . Duties of, in regard to employment of children, Powers of, in regard to trades, etc., injurious or dangerous to health of minors, 67-70 School authorities to be notified by, in case of illegal employment of child under sixteen years, . 70 Books of reference, apparatus, etc., school committee to secure (see also Text- books, etc.) INDEX. 131 Books of reference, maps and apparatus, only 25 per cent, of State school fund may be expended on, .......... 13 Boston, trustees for children of city of, in relation to school attendance, . . -43, -44 Boston Parental School: Abolition of, 54, 55 Disciplinary day schools to take place of, . . . . . . . 54, 55 School committee in charge of, ........ 54 Training school for county of Suffolk, ....... 47 Bristol County Independent Agricultural School, ...... 83-85 Buildings, construction of, and inspection; extracts from the law in general (see also Schoolhouses) , ........ 114-118 c. Calisthenics, military drill, gymnastics, ........ 28 Census, school, forms for, to be prescribed by the Board, ..... 5 Forms for, to be sent by commissioner to chairmen of school committees, . 36 Items for, to be ascertained by school committees, ..... 36, 37 Certification by the Board, of teachers in State-aided high schools, ... 18 Of superintendents of schools, in unions, ....... 33 Charity, State Board of: Opportunity to be heard, in certain cases of habitual absentees, ... 52 Schooling and transportation of children placed by, ..... 43 Visitation of training (truant) schools by, and report, .... 48 Charters, city, in relation to provisions of certain laws, ..... 35 "Child" or "minor," definition of, . ........ 55 Children: Admission of, to places of amusement regulated, ..... 73 Admission of, to dance halls, roller-skating rinks, etc., reference to law, . . 123 Concerts, musical exhibitions, etc., special permission of mayor, aldermen or selectmen, ........... 65, 66 Crippled and deformed, reference to law, ....... 123 Delinquent and wayward, reference to law, ...... 123 Employment of, in general, ......... 55-73 Between fourteen and sixteen years of age, provisions relating to, . . 57 Over fourteen years of age and under sixteen, may be employed in mer- cantile establishments on Saturday, during certain hours, without certificate, ........... 57 Physician's certificate to be filed, ....... 58 Under fourteen years of age, restrictions as to places and hours relating to, 56, 57 Examination and diagnosis of, to be made by school physician, . . . 89, 90 Exclusion from school. See Exclusion from Schools. Exhibition of, public, prohibited, . . . . . . . . 65, 66 Indigent or neglected, care of, ......... 72 Islands, children living on, transportation of, to school, .... 23 Juvenile offenders. See Juvenile offenders; also Truants. Lunches and meals (free) for, certain provisions relating to, . . . 91 Medical inspection of schools as related to, ...... 88-91 Rights of, in attendance on school, ........ 42 Transportation of pupils to school by street car or elevated railways, half-fare, 24 Vaccination of, required before attendance on school, . . . . 44, 45 City charters, in relation to certain provisions of law, ..... 35 Civil government, public schools may teach, . . 14 132 INDEX. PAGE Clarke School for the Deaf, 9 Clerical service of Board, .......... 4 Colleges, degrees, granting of, regulated, . . . . . . . .110 Colleges, duties of instructors in, in relation to instruction of youth, ... 22 Commissioner of Education, appointment of, by Board of Education, . . 3,4 Abstract of school returns, etc., to be made by, . . . . 4 Annual report of Board, parts of, may be published by, .... 6 Census, forms for, to be sent to chairmen of school committees by, . . 36 Condition and efficiency of public schools, etc., information relating to, to be distributed by, .......... 4 Duties and powers of, in general, . . . . . . . . 4, 6 Massachusetts School Fund commissioner, . . . . . . 11 Salary of 4 School committees' reports to be sent to, . . . . . . . 38 Teachers' institutes arranged by, ........ 10 Term of office of 4 Travelling expenses provided for, ........ 4 Commissioners of Massachusetts School Fund, . . . . . . 11 Authority of, to withhold town's share of fund, ...... 12 Commissioners of Massachusetts Nautical School, . . . . . . 45, 46 Commission on Industrial Education, expiration of, ...... 4 Act consolidating with Board of Education, . . . . . 3, 4 Member of, appointed on Board, ........ 3 Committees, advisory. See Vocational education, Advisory Committee. Committees, school. See School committees. Compensation, school committees 29 Compulsory school attendance. See Attendance upon school. Concert, festival, musical exhibitions, permission of mayor, aldermen or select- men for children to take part in, ....... 66 Constitution of Massachusetts, educational provisions of; also Art. XVIII. of amendments, ..... . .122 Construction of school buildings. See Schoolhouses, Construction of. Contagious or infectious diseases: Attendance on school prohibited on account of , . . . . . . 44, 45 Certificate of board of health or attending physician in certain cases, . . 45 Regulation relating to school children suffering from, ..... 89 School physician in relation to, ....... 89 "Continuation class" or "part-time," definition of, . . 75 Continuation schools, and courses of instruction for working children, in general, (see also Vocational education) , . 80-82 Attendance of minors on, in school in town of residence, .... 82 Attendance of resident minors on, employed in another city or town, . 81 Board of Education to approve, ..... 81 Certificates may be revoked by superintendent of schools in case of failure of child to attend, ..... Employment of minor ceases in certain cases of nonattendance on, Establishment and maintenance of , . . . . . . . . 80-82 Conveyance of school children: Boston or Commonwealth to pay in certain cases, ..... 43 Failure to provide, liability, in case of attendance on outside high schools, 17 Half fare for, on street and elevated railways, . In Bristol County Independent Agricultural School, In Essex County Independent Agricultural School, .... INDEX. 133 Conveyance of school children Concluded. PAGE High Schools, in other towns, 16, 17, 23 State reimbursement of expenditures for, and method of, . . 16, 17 Industrial schools and evening schools, etc., . . . . . 24 Islands, children living on, Board to furnish transportation for, ... 23 Places other than residence, ......... 43 State wards, placed by Board of Charity, ....... 44 Street and elevated railway companies, half fare, ..... 27 Towns may raise money for, ......... 23 Cooking, public schools may teach, ........ 14 Correspondence schools and other like schools, act of 1914 regulating, . 104-106 Board of Education to establish rules and regulations relating to, . . . 106 Bonds, stocks, etc., sale of, regulated, ...... 104, 105 False representations prohibited, ........ 105 Pupil defrauded may bring action against, ...... 106 Violation of rules or regulations of Board by, penalty, .... 106 County Commissioners: In relation to county agricultural schools, . . . . . . 83, 86 In relation to county training schools for truants, ..... 47 County teachers' associations, payment to, by the State, ..... 10 County training (truant schools) . See Training schools for truants. Courses of studies, in general, ......... 28 High schools, ........... 15 School committees' duties relating to, ....... 28 School committees to prescribe, ........ 28 Subjects, list of, compulsory and permissive, . . . . . . 14, 15 Courts, jurisdiction of. See Jurisdiction of Courts. Crippled and deformed children, reference to law, . . . . . .123 D. Deaf and blind persons, education of, provisions for, ..... 9 Degrees by colleges and other institutions of learning, granting of, . . 110, 111 Dental dispensaries for children of school age, authorized, ..... 91 Department of Health, State. See Health, State Department of. Deputy commissioners of education, appointment, term of office and salaries of, 4 Diplomas from normal schools, school committee may accept, in lieu of examina- tion of teacher, .......... 25 Diseases. See Contagious or infectious diseases. Dismissal and suspension of teachers, by school committee, .... 25, 26 Dismissal of superintendents of schools, ........ 26 In superin tendency unions, ......... 31 Dissection and vivisection, regulated, . . . . . . . 22, 23 Disturbance of school, penalty for, ......... 108 Dog tax may be applied to schools, reference to law, . . . . .123 Dormitories in normal schools, ......... 7 Drug stores, employment of certain minors in, not prohibited, .... 67 E. Ears and eyes of pupils, tests to be made by teachers, ..... 90 Educational certificates, blanks for, ........ 61 Failure to produce, evidence of illegal employment, ..... 63 Issuance of, in certain cases, ......... 64 134 INDEX. PAGE Educational institutions, etc., aided by the State, in relation to Board, . . 8 Educational purposes, grants for, etc., Board of Education may take and hold, . 5 Property for, exempt from taxation, reference to law, .... 124 Employment certificate : Accessible to certain authorities, ........ 57 Documents and papers to be filed with, list of , . . . . . . 58, 59 Extra explanatory matter allowed, ....... 61 Duplicate copies, in case of loss, ........ 61 Employer to return to office of superintendent of schools, .... 57 Fees, unlawful, in relation to certificate of age or place of birth of minor, etc., 59, 61 Issuance of, directions relating to, ........ 57-59 Refusal to produce, effect of, ......... 63 Employment of children, in general, ........ 55-73 Extraordinary emergency or extraordinary public requirement, regulated, . 69, 70 Illegal employment, minors under twenty-one years of age, apprehension by attendance officer, ......... 63 Minors between sixteen and twenty-one years of age, . . . . 64, 65 Street trades, 69 Violation of laws relating to, penalties for, ...... 62 Employment of women and children, in general, . . . . . . 55-73 English language, private schools approved when studies required by law are in the, 41 Essex County Independent Agricultural School, ...... 85-88 Ethics in public school, ........... 14 "Evening class," in an industrial, etc., school, definition of , .... 75 Evening classes in practical arts for women, ....... 79 Evening lectures, free, school committees may provide, ..... 20 Evening schools, in general, . . . . . . . . . . 19, 20 High schools, certain cities to maintain, ....... 20 Illiterate minors between sixteen and twenty-one years of age must attend, . 64, 65 Absence of, excused in certain cases, ....... 65 Maintenance of, required in certain cities and towns, .... 19 Payment of fee for instruction in, . . . . . . . 20 School committee has charge of ......... 24 Subjects to be taught in . .19, 20 Examination and selection of teachers by the school committee, . . . 24, 25 Examination of superintendents of schools for superintendency unions, Examination of teachers by Board of Education in State-aided high schools, . . 18 Exclusion from schools, ........ . 44, 45 Damages for unlawful 45 Infectious or contagious diseases necessitate, . . . . . 44, 45, 89 Pupil not to be excluded without a hearing, Reasons to be given for, Exhibitions of children in public, prohibited and regulated, . . . 65, 66 Exhibitions of public school work, school committees may provide for, . Eyes and ears of pupils, tests to be made by teachers, .... F. Factories, workshops and mercantile establishments, etc., attendance officers may visit 62 "Factory," definition of, ....... 55 Fares of school children on street and elevated railways, . Fees, unla wful in case of issuance of certificate of age or place of birth, etc., . . 59,61 INDEX. 135 PAGE Feeble-minded, Massachusetts School for, reference to law, .... 123 Female assistance in schools having an average of 50 pupils, . . . . 21 Fines, etc. See Penalties. Fire escapes, etc., in connection with schoolhouses, ..... 114-117 First aid, surgical remedies, public schools may teach, ..... 15 Fitchburg, model and practice schools in, ....... 7 Flag Day, national flag, observance of, 109 Flag, United States schoolhouses, display of ........ 34 Penalty for failure, .......... 34 Foreign countries and other States, pupils from, may attend normal schools under certain conditions, ......... 7 Free evening lectures, school committee may provide for, ..... 20 Free meals for school children, cities or towns may allow, 91 Free Public Library Commission may appoint agent for educational work among aliens, 109, 110 Free text-books. See Text-books. Funds: Grants, trust funds, etc., for educational purposes, 5 Massachusetts School fund, . . . . . . . . .11-13 Retirement system for teachers 95-100, 103 School funds, etc., of corporations, . . . . . . . . 34, 35 Todd Fund, for normal schools, ........ 14 G. Good behavior, teachers to give instruction in, . ... . . 14 Grants for educational purposes, Board may hold, etc., in trust, ... 5 Board to pay over to Treasurer of Commonwealth, ..... 5 Gymnastics, military drill, calisthenics, ........ 29 H. Habitual school offenders, absentees, truants, etc., disposition of, ... 48-51 Half fare, conveyance of school children on street and elevated railways, . . 27 Health, boards of, district and other nurses, may be employed by, through the selectmen, ........... 91 Medical inspection of schools in relation to, ...... 88) Health, State Department of, consultation with Board of Education in regard to directions for sight and hearing tests, ...... 90 Examination of school buildings by, . . . . . . .118 Hearing and sight tests by school teachers, ....... 90 Heating and ventilating of schoolhouses, 115-118 High schools, in general, .......... 15-18 Board of Education, approval of, in certain cases, . . . . . 15, 18 Cities and towns required to keep, ....... 15 Courses of study, one or more, at least four years, . . . . . 15 Districts, union, .......... 18, 19 Evening high schools, certain cities to maintain, ..... 20 Outside high schools, payment of tuition in, and transportation to, . . 16 School committee liable to action of contract for refusal to approve attend- ance on outside high school, ........ 16 State-aided, in small towns, ......... 16-18 Certification of teachers in, . . 18 136 INDEX. High schools Concluded. PAGE Subjects required to be taught in, ........ 15 Time of keeping, forty weeks, ......... 15 Tuition payments in outside high schools and State reimbursement of, . 16 Transportation of pupils to outside high schools, and State reimbursement of, 16, 17 Union districts for, towns may vote for, . . . . . . . 18, 19 Holidays, legal in Massachusetts, ......... 109 Horace Mann School for the Deaf, ........ 9 Hours of employment to be posted in certain cases, ...... 69 "Household arts education," and "household arts school," definitions of, . . 75 Hygiene and physiology, to be taught in public schools, special instruction, . 14 Hygiene, school. See Medical inspection of schools. I. Idleness and ignorance, children growing up in, may be committed to county training schools, .......... 48 Illiterate minors, between sixteen and twenty-one years of age, must attend evening school, .......... 64, 65 Incidental and travelling expenses of the Board, how paid, . . . . 4, 5 "Independent agricultural school," definition of, ...... 75 Independent Agricultural School of Bristol County, ...... 83-85 Independent Agricultural School of Essex County, ...... 85-88 "Independent household arts," and "independent household arts school," defini- tion of, ........... 75 "Independent, industrial, agricultural or household arts school," definition of, . 75 Independent industrial schools. See Vocational education, State-aided. Indigent and neglected children, attendance officer, duties relating to, . . 72 Industrial Education, Commission on, act consolidating with Board of Education, . 3, 4 "Industrial education," definition of, ........ 74 Industrial education or manual training, not interfered with by school attendance laws, or employment laws, ........ 52, 72 Industrial schools for boys, commitments to, . . . . . . . 51 Industrial school for boys, reform, reference to laws, ..... 123 Industrial school for girls, commitments to, ....... 51 Industrial schools, independent. See Vocational education, State-aided. Industries, minors prohibited from working in certain, ..... 66-69 Industries, Labor and. See Board of Labor and Industries, State. Infectious or contagious disease. See Contagious or infectious diseases. Injured, first aid to, and surgical remedies, may be taught in public schools, . 15 Institutes for teachers, and associations, ....... 10 Islands, children living on, transportation of, to school, Board to provide, . . 23 J. Joint committee, in superintendency unions, . . . . . . . 30, 31 Jurisdiction of courts, as to: Absentees, truants and school offenders, . . . . . . . 51, 52 Employment of minors, ....... . . 64, 71 Teachers' retirement association, ........ 102 Juvenile offenders, reference to law, . . . . . . . .123 K. Kindergarten training, public schools may give instruction in, .... 14 INDEX. 137 L. Labor and Industries, State Board of. See Board of Labor and Industries. PAGB Land for schoolhouses, taking of, ......... 34 Land, taking of, for school purposes, reference to law, ..... 123 Lectures, free evening, may be provided by school committee, .... 20 Legal holidays in Massachusetts, ......... 109 Length of school term, number of days or half days, to one month, ... 38 Licenses, or badges, for minors to engage in certain occupations, ... 68 Licenses to be refused for public shows, under certain conditions, ... 66 Liquor license, affected by distance from school buildings, reference to law, . 123 Lowell, model and practice school in, . . . . . . . . . 7 Lunches or meals, free, for school children, cities or towns may allow, . . 91 Lyman Industrial School for Boys, commitments to, ..... 51 M. Manual training and industrial education, not interfered with by certain laws, . 52, 72 Manual training, certain towns and cities to maintain teaching of, . . . 19 " Manufacturing establishment," definition of , ...... 56 Massachusetts Agricultural College, education in, free to residents of Massa- chusetts, ........... 88 May establish normal department, ........ 74 Massachusetts Institute of Technology, State scholarships in, . . . 112-114 Massachusetts School Fund, in general, . . . . . . . . 11-13 Annual payment to, provisions of, . . . . . . . . 11 Application of, ........... 13 Board of Education in relation to, . . . . . . . . 12, 13 Books of reference, maps, etc., purchase of, ...... 13 Commissioner of Education in relation to, . . . . . . H Commissioners of, to manage and report, ....... 11 Conditions of receipt of, towns must comply with, ..... 13 Dates of apportionment and payment of income of, ..... 12 Distribution of, . . . . . . . . . 11, 12, 13 Forfeiture of, in certain cases, . . . . . . . . . 12, 39 Penalty on school committee in case of, ...... 39 Income only to be used, .......... n Report to be made, by school committees, ...... 12 School committees must not use for their own compensation, . . . 13 Towns must comply with conditions, in order to receive, .... 13 Town treasurers to keep separate account of, . . . . . 12 Use of, by towns, report of, to be made to Board, ..... 12 Massachusetts Teachers' Association, ........ 10 Meals or lunches, free, for school children, cities and towns may provide, . . 91 "Mechanical establishment," definition of, ....... 56 Medical inspection of schools, in general, ....... 88-91 Contagious or infectious disease, regulations relating to, .... 89 Examination and inspection of children by school physicians, . . .89, 90 Expenditures for, by the Board, sum allowed, ...... 90, 91 School physician, appointment of ......... 88 Duties of, 89, 90 Membership of schools, how reckoned, ... 40 138 INDEX. PAGE Memorial Day, 30th of May, devoted to patriotic exercises, .... 22 Mental condition, as affecting employment of minors, ..... 60 As affecting attendance on school, ........ 41 "Mercantile establishment," definition of, ....... 56 Messengers, employment of, regulated, ........ 68 Military drill, gymnastics, calisthenics, in school, . . . . . . 28 "Minor" or "child," definition of, ......... 55 Minors, employment of, in general, ........ 55-73 Badges for, in certain cases, ....... 68, 69, 72, 73 Employment of, ceases in certain cases of nonattendance on continuation school, ........... 82 Regulated under eighteen years of age, ...... 67 Regulated under sixteen years of age, . . . . . . 66,67 Regulated under twenty-one years of age, ...... 68 Licensing of, in cities, by school committees, ...... 72, 73 Model and practice schools, establishment of, etc., and agreement in writing, . 7, 8 Month, school, time reckoned as, in school returns, ...... 38 Moral instruction; duty of instructors in colleges, academies, etc., ... 22 Morals, printed matter tending to corrupt, penalty for distributing, etc., . . 108 N. Narcotics, stimulants, etc., effect of, on human system, to be taught, . . 14 Nautical schools, boys attending, may be exempt from attendance on other schools 21 Towns may establish and maintain, at the election of the school committee, . 21 Nautical Training School, change of name to Massachusetts Nautical School, . 46 Commissioners of, etc., .......... 45, 46 Expense, etc., of maintaining, ......... 46 United States vessels, .......... 46 Newspapers, etc., in relation to employment of minors, . . . . 68 Normal schools: Accounts of, auditor of Commonwealth to direct, ..... 7 Board of Education has management of ........ 7 Diplomas of, may be accepted by school committee in place of examination of teachers, ........... 25 Foreign countries and other States, pupils from, may attend, under certain conditions, ........... 7 Model and practice schools, establishment of, etc., . . . . . 7, 8 Todd fund for 14 North Adams, model and practice school in, ....... 7 North Adams State Normal School; agricultural department in, ... 8 Nurses, district and other, employment of, ....... 91 o. Occupations forbidden to certain minors and persons under twenty-one years of age, 66-68 Offenders habitual school, absentees, truants, etc., disposition of, . . . 48-51 Organizations (athletic) of school pupils, authority of school committee over, . 21 INDEX. 139 P. Parental school, Boston. See Boston Parental School. ~PAOE "Part-time, or continuation class," definition of, ...... 75 Patriotic exercises, 30th of May devoted to, in public schools, .... 22 Penalties, fines and forfeitures: Attendance officer, delaying or hindering work of, ..... 70 Attendance officer, truant officer, etc., violating provisions of law in relation to employment of children or issuance of badges, . . . . 71 Attendance officer, violation of law by, ....... 63 Continuation school; employers' liability in case of nonattendance of child, 82 Correspondence schools, violation of law relating to, . . . . 105, 106 Employment ticket, wrongfully retained by a corporation or other employer, 63 Exhibition or public performance of children, ...... 66 Failure to display United States flag on schoolhouses, . . ' . . 34 Inducing child to absent himself, unlawfully, from school, .... 42 Minors, employment of, in cities under license by school committee. . . 73 Illegal employment of, in general, . . . . . . . 70, 71 Or permission for, by parent or guardian, ...... 65 Inducing or attempting to induce a minor from attending evening school, . 65 Neglect of towns to provide sufficient and suitable schoolhouses, . . . 33, 34 Parents, guardians, etc., who permit minor to work in violation of law, . 71 Printed matter, unfit, distribution of, etc., ...... 108 School committee, in case of neglect of order of inspector, . . . . 118 Scboolhouses, fire escapes, etc., ........ 117 Schools, wilful disturbance of 108 Schools, wilful injury of 108 Vivisection and dissection, violation of law relating to, .... 23 Pensions for teachers. See Retirement system for public school teachers. Perkins Institution and Massachusetts School for the Blind, instruction of pupils in 9 Physical or mental condition, capable of correction, in relation to school attend- ance, 42, 65 Physician's certificate to be filed before employment certificate is issued, . . 58 Physician's certificate, in relation to vaccination and contagious or infectious diseases, ........... 44, 45 Physician, school, appointment and duties of, . . . . . . . 88, 89 Physiology and hygiene, special instruction in, as to effect of alcoholic drinks, etc., . 14 Political rights of teachers not to be restricted, certain regulations imposed, 26 Positions for teachers, registration of, in office of Board, ..... 27 Practical arts, classes (evening) for women, ....... 79 Printed matter, unfit, distribution of, etc., penalty for, ..... 108 Private and other educational institutions, in relation to the Board, ... 8 Private or sectarian schools, money raised by taxation, not applicable to, . . 122 Private schools, approval of, by school committee, under certain conditions, . 41 Public schools, in general, .......... 14-35 Bible to be read in, daily, ......... 22 Disturbance of, penalty for, ......... 108 Evening schools. See Evening schools. Exhibition of work of, school committee may provide, .... 21 High schools. See High schools. School committee has general charge and superintendence of, also of industrial schools and evening schools, ........ 24 140 INDEX. Public schools Concluded. PAGES Subjects, obligatory and permissive, taught in, ...... 14 Support of. See Support of schools. Teachers. See Teachers. Time of keeping, 14, 15 R. Railways, street or elevated, in relation to transportation of pupils, ... 24 Registeis, school. See School registers. Release of truants, etc., or permits to be at liberty, . . . . . . 49, 51 Religious teaching in private schools not a bar to approval, . . . . 41 Reports of Board, annual, to be made to General Court, . . . . 5, 6 Retirement system for public school teachers : Allowances, retirement, payment of, ....... 96, 97 Assessment and creation of funds for, ....... 95, 96 Assessment, rate of, .......... 95, 96 Association, Teachers' Retirement, organization of, ..... 93 Board of trustees, duties of, in relation to, ...... 99, 100 Boston teachers, in relation to, ........ 103 Cities and towns authorized to establish pension funds for, . . . 103 Creation of funds for, and assessments, ....... 95, 96 Custody and investment of funds of, ....... 100 Definition of words and phrases, ........ 92, 93 Establishment of, 93 Funds, creation of, expense, annuity, assessment, . . . . . 95, 96 Jurisdiction of court, .......... 102 Membership in other associations, . . . . . . . 100, 101 Referendum and repeal, .......... 102 Reimbursement of cities and towns by the Commonwealth on account of, 101, 102 School committee in relation to, duties of, ...... 99 State Teachers' Retirement Board, . . . . . . . 93-95 Taxation, attachments and assignments, ....... 98 Withdrawal and reinstatement, ........ 97, 98 Returns of private and other educational institutions, ..... 8 Returns, school. See School returns. s. Sanitation, schoolhouse, . . . . . . . . . .118 Savings banks, authorized to receive deposits from school children, . . 106, 107 Scholarships, State, Massachusetts Institute of Technology, . . . 112-114 Worcester Polytechnic Institute, . . . . . . . Ill, 112 School attendance. See Attendance on school. School census. See Census, school. School, savings banks, 106, 107 School committees: Board of Labor and Industries to furnish forms for employment and educa- tion certificates, etc., to, ........ 61 Compensation of, ........... 29 Massachusetts School Fund must not be used for, .... 13 Dismissal and suspension of teachers and superintendents by, . . . 25, 26 Duties and powers of, in general, ........ 24-39 Duties of, in relation to medical inspection of schools, .... 88-90 INDEX. 141 School committees Concluded. PAGE Duties of, in relation to retirement system for teachers, .... 99 Election of, in general, 119-122 Evening schools, requirements relating to, ...... 19, 20 Evening schools, in charge of, .... .... 24 Exclusion from school by, not without giving pupil a hearing, ... 45 Exhibition of public school work may be given by, . . . . . 21 Failure to elect, or to fill vacancy on, proceedings in case of, ... 121 Forfeiture in case of neglect to choose, ....... 23 To whom paid, 23 Free evening lectures may be provided by, ...... 20 Industrial, public and evening, and evening high schools, in charge of, . 24 Ineligible to certain positions, ......... 29 Joint committees, in superintendency unions, ...... 30, 31 Licensing of minors to engage in certain occupations, . . . 68, 69, 72, 73 Massachusetts School Fund, report on, to be made to the Board, . . 12 Medical inspection of school children, duties in regard to, . . . . 88-90 Nautical schools, towns may establish and maintain, at the election of, . 21 Number on, increase in and method of, ....... 120 Organizations (athletic) of pupils may be supervised and controlled by, . 21 Oath of office of 121 Penalty on. for forfeiture of school fund, ....... 39 Penalty on, in case of neglect of order of inspector, . . . . .118 Private schools, approval of, by, under certain conditions, .... 41 Public schools under general charge and supervision of, .... 24 Removal from town, vacates office of, ....... 122 Report of, to be sent to the commissioner, . ... . . . 38 Failure to send to the commissioner, penalty for, . . . . 38, 39 School books favoring the tenets of any particular religious sect must not be purchased by, .......... 22 Schoolhouses, suitable place for, to be secured by, ..... 34 Under charge and superintendence of, unless town otherwise directs, . 34 School physician to be appointed by, ....... 88 Secretary of, must be appointed, ........ 24 Duties of, 24 Sports, plays, games, money for, may be expended by, .... 21 Superintendent of schools as executive officer of, ..... 33 Teachers' salaries, decrease, ......... 26 Teachers, selection and examination of, in charge of, 24, 25 Tenure of office of teachers and superintendents, ..... 25, 26 Term of office of, in cities, commencement of, ...... 24 Text-books and supplies, purchased by, ...."... 28 Vacancy on, ............ 121 Vacation schools may be established by, . . . . . . . 21 Visitation of schools by, in case of no superintendent, .... 27, 28 Women, eligible to serve on, ......... 120 Nomination papers for candidates for, may be signed by, . . . 119 Right of, to vote lor members, . . . . . . . .119 Voting for school committee, ........ 121 School fui)ds. See Funds. " Schoolhouse," definition of , .......... 118 Schoolhouses: Construction of, in general, ........ 114-118 Examination of, by State Department of Health, . . . . . 118 142 INDEX. Schoolhouses Concluded. PAGE Fire escapes, extinguishers, etc., ....... 114-116 Flag, United States, on, display of, ........ 34 Halls or rooms in, use of, for other than school purposes, .... 35 Heating and ventilating, , 115-117 Injury to, punishment for, ......... 108 Land, taking of, for school purposes, reference to law, .... 123 Location of, . . . . . . . . ... . . 34 Plans and specifications, . . . . . . . . . 115, 116 Sanitation of, ........... 118 School committee, unless town otherwise directs, has general charge and superintendence of .......... 34 Towns must maintain sufficient number, etc. ...... 33 Usefulness of, promotion of, ......... 35 School hygiene. See Medical inspection of schools. School nurse. See Nurses, district and other. School physician, appointment of, duties of, ....... 88, 89 In relation to employment certificates, ....... 58, 59 School property, usefulness of, promotion of ........ 35 School registers, school committee to cause, to be faithfully kept, ... 38 Teachers to faithfully keep 39, 40 School registers and returns in general, ........ 36-40 School returns, abstract of, etc., to be made by the commissioner, ... 4 Annual report of the Board to contain printed abstract of, . . . . 5 Certificate, form of, 37, 38 Failure to make, ........... 39 Irregular or incorrect, .......... 39 Penalty for failure to send to commissioner, ...... 39 Schools. See Public schools. School supplies and free text-books, school committee's duties relating thereto, . 28 Secretary of the Board, duties of, conferred on the Commissioner of Education (see Commissioner of Education), ....... 4 Sectarian or private schools, money raised by taxation not applicable to, . . 122 Shirley, Industrial School for Boys, commitments to, ..... 51 Sight and hearing tests in public schools, ....... 90 Sports, plays and games, money may be expended for, by school committee, . 21 State-aided vocational education. See Vocational education, State-aided. State Board of Health. See Health, State Department of. State Board of Labor and Industries. See Board of Labor and Industries. State Industrial School for Girls, commitments to, of vicious inmates of county training schools, .......... 51 State scholarships, 111-114 State Teachers' Retirement Board, management of retirement system, vested in, 93-95 Street trades, employment of minors in, . . . . . . . . 68, 69 Badges and hours, ............ 69 Subjects to be taught in public schools, permissive and obligatory, . . . 14, 15 In evening schools, . . . . . . . . . 19, 20 Suffolk School for Boys, commitment to, ....... 54 Summonses, warrants, jurisdiction, in case of truants, etc., .... 51, 52 Superintendency unions of towns aided by the State, ..... 30-33 Dissolution of, regulated, ......... 30, 31 Formation or readjustment of, by the Board, ...... 33 High schools in, ........... 15 Payment to, by the Commonwealth, . . . . . . . 31, 32 INDEX. 143 Superintendency unions of towns aided by the State Concluded. PAGE Permanency of, and representation of towns on joint committees, . . 30 Qualifications of superintendents in, determined by the Board, ... 33 Tenure of office of superintendents in, . . . 31 Towns, exceeding certain valuation, admitted to, ..... 32 Valuation of towns, effect of increase, ....... Superintendent of schools, appointment and duties of, .... 29, 30, 33 Certificates may be revoked by, in case of failure of child to attend continu- ation school, ......... Dismissal or suspension of, by school committees, ..... 26 District superintendents, ....... 30 Duties and powers of, . . As executive officer of school committee, ...... 33 Courses of study, teachers and text-books to be recommended by, . . 33 Employment certificates issued by, or by person authorized by, ... 57 Qualifications of, in unions, determined by Board, ..... Tenure of office, 25 In superintendency unions, ........ 31 Union superintendents. See Superintendency unions. Support of schools: Estate or funds given for, management of, ...... 34, 35 Items included in, ........... 37 Money appropriated at town meeting for, reference to law, . . . 122 Taxation for, money raised by, not applicable to private or sectarian schools, 122 Towns shall raise by taxation money for, ....... Forfeiture of certain amount of money if town refuses to raise money for, 23 Surgical remedies and first aid to the injured, may be taught in public schools, . 15 Suspension from school. See Exclusion from school. T. Taxation, money raised by, not applicable to private or sectarian schools, . 122 Towns shall raise money by, for support of schools, ..... 23 Teachers: Certificate for, to be obtained from school committee, .... 25 Dismissal and suspension of, by school committee, . . . . . 25, 26 Ears and eyes of pupils to be tested by, .... 90 Examination and selection of, vested in school committee, . . . . 24, 25 Female assistants in schools having an average of fifty pupils, . . 21 Political rights of, not to be restricted by school committee, ... 26 Positions for, obtained through registration in office of Board, . . . ' 27 Qualifications of, 4, 25 Retirement system for. See Retirement system for public school teachers. School registers to be faithfully kept by 39, 40 Subjects to be taught by, 14, 15 Superintendents of schools to recommend, to school committees, ... 33 Tenure of office, . 25, 26 Vocational education, classes for, training of teachers of, . . . . 79, 80 Teachers' Association, Massachusetts, ........ 10 Teachers' institutes and associations, ........ 10 Teeth, care of. See Dental dispensaries. Telegraph or telephone company in relation to employment of minors, . . 68 144 INDEX. PAGE Temperance instruction in public schools, ....... 14 Tenure of office of teachers and school superintendents, . . . . . 25, 26 Tenure of office of superintendents of schools in superintendency unions, . . 31 Text-books and courses of study, ......... 28 Text-books and school supplies, free, school committee's duty relating to, . . 28, 29 Text-books: Changes in, votes of school committee required, ..... 29 Distribution of, care and custody of, regulated by school committee, . . 28 Pupils may purchase, from city or town under certain conditions, . . 28, 29 School books or articles of school supply, publication or sale of, by agents of the Board prohibited, ......... 5 Superintendents of schools to recommend, to the school committee, . . 33 Textile schools, reference to law, ......... 122 Theatres, places of public amusement, etc. , may be visited by attendance officer, . 62 Theatrical performances or public shows, licenses regulated, in regard to children, 65, 66 Thrift, subject of, to be taught in public schools (see also Savings banks) , . .14, 15 Todd normal school fund, .......... 14 Towels, use of common, reference to law, ....... 122 Town treasurers, Massachusetts School Fund, separate account of, must be kept by, 12 Trades, street, regulations relating to, ........ 68 Training schools (for truants), county: County commissioners in relation to establishment and management of, . 47 Support of inmates of, ......... 49 Truant schools, names changed to, ........ 53 Visitation of, and report on, by Board of Education and Board of Charity, . 48 Transportation of school children. See Conveyance of school children. Travelling expenses of the Board, agents, etc., . . . . . .4,5 Treasurer and Receiver-General of the Commonwealth to receive, etc., moneys payable to the Board on account of model and practice schools, . . 7, 8 Grants or gifts to Board, to be received by, ..... 5 Treasurers, town. See Town treasurers. Truant officers. See Attendance officers. Truants, school offenders, etc., in general, .... . 47-55 Discharge, parole, etc., .......... 50 Habitual, commitment of, ....... 48 Permits to be at liberty, also releases, . . . . . . 49, 51 Probation of, 49 Schools for. See Training schools, county. Temporary release of, in case of death or illness in family, ... 51 Tuberculosis and its prevention, to be taught as regular branch, ... 14 Tuition, expenditures in outside high schools, State reimbursement of, . . 16, 17 u. Union high school districts, ...... . 18, 19 Union schools, two or more towns may vote to establish, ..... 19 United States Bureau of Education, reference to, United States flag, observance, by Flag Day, of adoption of, . . . . 109 United States flag, display on schoolhouses, ..... Penalty for failure, . . INDEX. 145 V. PAGE Vacation schools, school committee may establish, . ... 21 Vaccination of children, .......... 44, 45 Ventilation and heating of schoolhouses, ....... 115-118 Vicious inmates of county training schools, disposition of, . . . . 51 Visitation of schools by school committees in case of no superintendent, . . 27, 28 Vivisection and dissection, regulated, . . . . . . . . 22, 23 Vocational education, State-aided, in general (see also Agricultural education; and Continuation schools), ......... 74-88 Administration and control of, by local authorities, ..... 76, 77 Administration and supervision of, by the Board, ..... 75, 76 Advisory committees, .......... 77 Boards of trustees, district 76, 77 Definition of terms and phrases used in connection with, .... 74, 75 Non-resident pupils, . . . . . . . . . .77 Practical arts, evening classes in, for women, ...... 79 Reimbursement, State, to cities and towns on account of, . . . . 77-79 Repeal section of law relating to, . . . . . . . 79 Teachers of, training of, 79, 80 Transportation of pupils, ......... 79 w. Warrants, summonses, jurisdiction in case of truants, etc., . . . . 51, 52 Women and children, employment of, in general, ...... 55-73 Women, classes (evening) in practical arts for, ...... 79 Women, may serve as attendance officers, ....... 52 Women on school committees, election of, etc., . . . . . 119, 120 Worcester Polytechnic Institute, State scholarships in, . . . Ill, 112 Working children, establishment and maintenance of continuation schools and courses for, 80-82 "Workshop," definition of, ...... 56 < 30 191$ THE COMMONWEALTH OF MASSACHUSETTS BULLETIN OF THE BOAREHJF EDUCATION 1915, NUMBER 11 WHOLE NUMBER. 48 EDUCATIONAL LEGISLATION OF 1915 ISSUED BY SEPTEMBER 1, 1915 BOSTON WRIGHT & POTTER PRINTING CO., STATE PRINTERS 32 DERNE STREET 1915 APPROVED BY THE STATE BOARD OF PUBLICATION. EDUCATIONAL LEGISLATION ENACTED BY THE GENERAL COURT IN 1915. CONTENT. This pamphlet contains legislation relating to public education enacted by the General Court during the session of 1915. Resolves appropriating money for specific purposes or to meet annual ex- penditures and special acts relating to specific communities or institutions are omitted. The legislation is grouped as follows: PAGE PART I. Legislation conferring powers and duties on the Board of Education : New buildings for the Independent Agricultural School of the County of Essex, 4 Department of University Extension, and Correspondence Courses of Education, 5 PART II. Legislation of general import to the public schools: Powers of cities and towns in respect to playgrounds and physical education, 7 Records of local boards of health on diseases declared by the State Department of Health to be dangerous to the public health, . 8 Penalty for altering employment certificates, . . . . School attendance of minors, 9 School attendance and employment of minors, .... 10 Annual returns of school statistics, 11 Transfer cards for public school pupils changing their residence, . 12 County of Hampden to erect buildings for a county training school, 12 Establishment and maintenance of an independent agricultural school in the county of Norfolk, 13 Retirement system for public school teachers, 15 Retirement system for the employees of the Commonwealth, . 16 Independent vocational school in the county of Hampshire, . . 17 Admission to the bar of attorneys at law, 20 Establishment and maintenance of day and evening classes in practical arts for women, . ' 21 PART I. LEGISLATION CONFERRING POWERS AND DUTIES ON THE BOARD OF EDUCATION. GENERAL ACTS OF 1915. CHAPTER 247. An Act to provide for New Buildings for the Independent Agricultural School of the County of Essex. SECTION 1. The trustees of the Independent Agricultural School of the county of Essex are hereby authorized, subject to the approval of the board of education, to expend a sum not exceeding one hundred thousand dollars to be provided by the county of Essex for the purpose of erecting and equipping a school building or buildings for the said school. SECTION 2. For the purposes aforesaid the county commissioners of the county of Essex are hereby authorized to borrow from time to time upon the credit of the county a sum not exceeding one hundred thousand dollars in the aggregate and to issue the bonds or notes of the county there- for. Said bonds or notes shall be payable in such annual payments, be- ginning not more than one year after the date of each loan, as will extin- guish each loan within twenty years from its date, and the amount of such annual payment of any loan in any year shall not be less than the amount of the principal of the loan payable in any subsequent year. Each author- ized issue of bonds or notes shall constitute a separate loan. The said bonds or notes shall bear interest at a rate not exceeding five per cent per annum, payable semi-annually, and shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale, on such terms and conditions as the county commissioners may deem proper, but they shall not be sold for less than their par value, and the proceeds shall be used only for the purposes herein specified and shall be paid to the trustees of the said school by the treasurer of the county upon their requisitions. SECTION 3. The county commissioners, at the time of authorizing the said loan, shall provide for the payment thereof in accordance with section two of this act; and a sum sufficient to pay the interest as it accrues on the bonds or notes issued as aforesaid by the county, and to make such pay- ments on the principal as may be required under the provisions of this act, shall be levied as a part of the county tax of the county of Essex annually thereafter, in the same manner in which other taxes are levied, until the debt incurred by said loan or loans is extinguished. [Approved May 11, 1915. CHAPTER 294. An Act to establish a Department of University Extension and to provide for Correspondence Courses of Education. SECTION 1. There is hereby established a department of university extension to be under the direction and control of the board of education. The head of said department shall be appointed by the board of education, with the approval of the governor and council, and his salary shall be fixed by the board with the approval of the governor and council. He may be removed at any time by the said board of education. SECTION 2. The said department of university extension is hereby authorized to co-operate with existing institutions of learning in the estab- lishment and conduct of university extension and correspondence courses; to supervise the administration of all extension and correspondence courses which are supported in whole or in part by state revenues; and also, where that is deemed advisable, to establish and conduct university extension and correspondence courses for the benefit of residents of Massachusetts: provided, that nothing in this act shall be construed as giving to the said department or to the board of education the control or direction of exten- sion and correspondence courses in agriculture or in subjects directly related thereto when these are administered under the direction of the Massachu- setts Agricultural College. The said department, subject to the approval of the board of education, may employ such agents, lecturers, instructors, assistants and clerks, for whole or part time, as may be necessary for proper compliance with the provisions of this act. With the approval of the governor and council and of the board of education, it may rent suitable offices for the conduct of its work. SECTION 3. The said department for the purposes of such university extension or correspondence courses, may, with the consent of the proper city or town officials or school committees, use the school buildings or other public buildings and grounds of any city or town within the com- monwealth, and may also use normal school buildings and grounds and, with the consent of the boards or commission in charge of the same, such other school buildings as are owned or controlled by the commonwealth. City and town officials and committees are hereby authorized to allow the use of buildings and grounds under their charge by the department of university extension for the purposes of university extension or corre- spondence courses, subject to the rules and regulations which such officials or committees may establish: provided, however, that such use shall not interfere or be inconsistent with the use of said buildings and grounds by the public schools of the city or town. The said department may also ar- range for the use of such other buildings, grounds, and facilities as may prove to be necessary for the conduct of its work, and may expend in rent therefor such sums as may from time to time be necessary. SECTION 4. The department of university extension is empowered to appoint a state advisory council and also local advisory councils on uni- versity extension and correspondence courses, the functions of which shall be defined by the rules and regulations of the board of education. SECTION 5. The board of education shall submit to the general court, on or before the third Wednesday of January of each year, a detailed re- port of the doings and expenditures of the said department for the year closing on the first day of the previous July. SECTION 6. The said department is authorized to grant to students completing courses of instruction provided for under this act suitable cer- tificates as evidence of proficiency, in accordance with rules and regula- tions to be established by the board of education. SECTION 7. The department of university extension, for the purposes of complying with the provisions of this act, may be allowed for the salary of its head, agents, lecturers, instructors, assistants, clerks and other serv- ice, and for travel and other necessary expenses of these officers, incurred in the performance of their official duties under this act, such sums as shall be appropriated annually by the general court, payable out of the treasury of the commonwealth. SECTION 8. There may be expended under the direction of the board of education in carrying out the provisions of this act for the year nineteen hundred and fifteen, a sum not exceeding twenty-five thousand dollars. SECTION 9. This act shall take effect upon its passage. [Approved May 28, 1915. PART II. LEGISLATION OF GENERAL IMPORT TO SCHOOL AUTHORITIES. GENERAL ACTS OF 1915. CHAPTER 25. An Act relative to the Powers of Cities and Towns in Respect to Play- grounds and Physical Education. SECTION 1. Section nineteen of chapter twenty-eight of the Revised Laws, as amended by section one of chapter five hundred and eight of the acts of the year nineteen hundred and ten, is hereby further amended by inserting after the word "city", in the sixth line, the words: or town, by inserting after the word "education", in the eighth line, the words: -and may construct and maintain buildings therefor on any public play- ground owned by the city or town in fee or on any other land suitable for the purpose owned by the city or town in fee, and such a building may also be used for town meetings, and, subject to the conditions and terms pre- scribed by the board controlling the building, may be used for such other public or social or educational purposes as the board may deem wise: provided, however, that such other public, social or educational uses shall not interfere with its regular use as a gymnasium, by striking out the words "this purpose", in the said eighth line, and by inserting in place thereof the words : these purposes, and by inserting after the word "them", in the seventeenth line, the words: or any one or more mem- bers of all or any two of these boards, so as to read as follows : Sec- tion 19. Any city or town may acquire land within the municipal limits, in fee or otherwise, by gift, purchase, or by the right of eminent domain, or may lease the same, and prepare, equip and maintain it, or any other land belonging to the city or town and suitable for the purpose, as a public playground; and may conduct and promote thereon play, sport and phys- ical education, and may construct and maintain buildings therefor on any public playground owned by the city or town in fee or on any other land suitable for the purpose owned by the city or town in fee, and such a build- ing may also be used for town meetings, and, subject to the conditions and terms prescribed by the board controlling the building, may be used for such other public or social or educational purposes as the board may deem wise: provided, however, that such other public, social or educa- tional uses shall not interfere with its regular use as a gymnasium; and for these purposes may appropriate money and may employ such teachers, supervisors and other officials as it deems best, and may determine their 8 compensation. Except in the city of Boston and except as to making ap- propriations, the above powers shall be exercised by the board of park com- missioners, or by the school committee or by a playground commission appointed by the mayor or the selectmen, or may be distributed between the board of park commissioners, the school committee and such play- ground commission or any of them or any one or more members of all or any two of these boards accordingly as the city council or the town may decide. Until the city council or the town determines which of the above bodies shall exercise said powers they shall remain in the body now exer- cising them. Within sixty days after the taking of land, under the pro- visions of this section, the body taking the land shall file and cause to be recorded in the registry of deeds for the county or district in which the land lies a description thereof sufficiently accurate for identification and a statement of the purpose for which it was taken. SECTION 2. This act shall take effect upon its passage. [Approved February, 25, 1915. CHAPTER 52. An Act relative to the Records of Local Boards of Health on Diseases de- clared by the State Department of Health to be dangerous to the Public Health. SECTION 1. Section fifty-one of chapter seventy-five of the Revised Laws is hereby amended by striking out the words "in blank books to be provided by the secretary of the commonwealth", in the first and second lines, and by inserting after the word "report", in the sixth line, the words: or other data required by the state department of health. Such record shall be kept in such manner or upon such forms as shall be prescribed by the said department, so as to read as follows: Section 51. The board of health shall keep a record of all reports received pursuant to the two preceding sections, which shall contain the name and location of all persons who are sick, their disease, the name of the person who reports the case and the date of such report or other data required by the state department of health. Such record shall be kept in such manner or upon such forms as shall be prescribed by the said department. Said board shall give immedi- ate information to the school committee of all contagious diseases so re- ported to them. SECTION 2. This act shall take effect upon its passage. [Approved March 12, 1915. CHAPTER 70. An Act to provide a Penalty for altering Employment Certificates. Section sixty-one of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, as amended by chapter two hundred and forty-nine of the acts of the year nineteen hundred and ten and by section nineteen of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by adding at the end thereof the words: Whoever, without authority, alters an employment certificate after the same is issued shall be punished by a fine of ten dollars, so as to read as follows: Section 61. Whoever employs a person under the age of sixteen years, and whoever procures or, having under his control a person under sixteen years of age, permits such person to be employed in violation of the provisions of sections fifty-six or fifty-seven of this act, shall for each offence be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment for not more than thirty days; and whoever continues to employ a person under sixteen years of age in violation of the provisions of either of said sections, after being notified thereof by a school attendance officer or by an inspector appointed by the state board of labor and industries, shall for every day thereafter while such employment continues be punished by a fine of not less than fifty nor more than two hundred dollars, or by im- prisonment for not more than sixty days; and whoever forges, or procures to be forged, or assists in forging a certificate of birth or other evidence of the age of such person, and whoever presents or assists in presenting a forged certificate or evidence of birth to the superintendent of schools or to a person authorized by law to issue certificates, for the purpose of fraudu- lently obtaining the employment certificate required by this act, shall be punished by a fine of not less than ten nor more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whoever, being authorized to sign an employment certifi- cate, knowingly certifies to any materially false statement therein shall be punished by a fine of not less than ten nor more than two hundred dollars. Whoever, without authority, alters an employment certificate after the same is issued shall be punished by a fine of ten dollars. [Approved March 17, 1915. CHAPTER 78. An Act relative to the School Attendance of Minors. Section four of chapter forty-four of the Revised Laws, as amended by chapter three hundred and seventy-five of the acts of the year nineteen hundred and five, and by section two of chapter two hundred and sixty- eight of the acts of the year nineteen hundred and eleven, and by section four of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by striking out the word "fifty", in the forty-second line and inserting in place thereof the word: seventy-five, and by striking out, after the word "schools," in the forty-fourth line the words "or, if the school committee of said city or town so desires, an amount equal to the average expense for each pupil of such school during the preceding year, for a period equal to the time during which the child so attends", so that the third paragraph of the section will read as follows : For the tuition in the public schools in any city or town of any child between the ages of five and fifteen years who shall be placed elsewhere than in his own home by the state board of charity, or by the trustees of the Massachusetts training schools, or kept under the control of either of said boards in such city or town, the commonwealth shall pay to said city or 10 town, and for such tuition of any such child so placed by the trustees for children of the city of Boston, or so kept under control of said trustees, the city of Boston from its appropriation for school purposes, shall pay to said city or town seventy-five cents for each week of five days, or major part thereof, of attendance of every such child in the public schools. [Ap- proved March 18, 1915. CHAPTER 81. An Act relative to School Attendance and to the Employment of Minors. SECTION 1. Section one of chapter forty-four of the Revised Laws, as amended by chapter three hundred and twenty of the acts of the year nine- teen hundred and five, by chapter three hundred and eighty-three of the acts of the year nineteen hundred and six, and by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by striking out, in the thirtieth line, the word "five ", and inserting in place thereof the word: seven, and by striking out the word "ten", in the same line, and inserting in place thereof the word: fourteen, so as to read as follows: Section 1. Every child between seven and fourteen years of age, every child under' sixteen years of age who does not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which he resides, and every child under sixteen years of age who has not received an employment cer- tificate as provided in this act and is not engaged in some regular em- ployment or business for at least six hours per day or has not the written permission of the superintendent of schools of the city or town in which he resides to engage in profitable employment at home, shall attend a public day school in said city or town or some other day school approved by the school committee, during the entire time the public schools are in session, subject to such exceptions as are provided for in sections four, five and six of this chapter and in section three of chapter forty-two of the Revised Laws, as amended by chapter four hundred and thirty-three of the acts of the year nineteen hundred and two, and by chapter five hundred and thirty- seven of the acts of the year nineteen hundred and eleven; but such at- tendance shall not be required of a child whose physical or mental condition is such as to render attendance inexpedient or impracticable, or who is being otherwise instructed in a manner approved in advance by the super- intendent of schools or the school committee. The superintendent of schools, or teachers in so far as authorized by said superintendent or by the school committee, may excuse cases of necessary absence for other causes not exceeding seven day sessions or fourteen half -day sessions in any period of six months. For the purposes of this section, school committees shall ap- prove a private school only when the instruction in all the studies required by law is in the English language, and when they are satisfied that such in- struction equals in thoroughness and efficiency,. and in the progress made therein, the instruction in the public schools in the same city or town ; but they shall not refuse to approve a private school on account of the religious teaching therein. 11 SECTION 2. Said chapter forty-four of the Revised Laws, as amended by section two of said chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by striking out the word "five", in the fourth line, and inserting in place thereof the word: seven, and by striking out the word "ten", in the same line, and inserting in place thereof the word: fourteen, so as to read as follows: Section 2. Every person having under his control a child as described in section one shall cause him to attend school as therein required, and, if he fails for seven day sessions or fourteen half -day sessions within any period of six months w r hile such control obtains, to cause such child so to attend school, he shall, upon complaint by an attendance officer and conviction thereof, be punished by a fine of not more than twenty dollars, and no physical or mental condition which is capable of correction, or which renders the child a fit subject for special instruction at public charge in institutions other than public day schools, shall avail as defence under the provisions of this or the preceding section, unless it shall be made to appear that the defendant has employed all reasonable measures for the correction of the condition and the suitable instruction of the child. Whoever induces or attempts to induce a child to absent himself unlaw- fully from school, or employs or harbors a child while school is in session, shall be punished by a fine of not less than ten* nor more than fifty dollars. [Approved March 18, 1915. CHAPTER 90. An Act relative to Annual Returns of School Statistics. SECTION 1. Clause Third of section four of chapter forty- three of the Revised Laws, as amended by section three of chapter three hundred and sixty-eight of the acts of the year nineteen hundred and twelve and by section one of chapter three hundred and fifty-six of the acts of the year nineteen hundred and thirteen, is hereby further amended by inserting after the word "year", in the last line of said clause, the words: and in Boston during the fiscal year instead of the school year, so that the said clause will read as follows : Third. The amount of money raised by taxation by the town (or city), and expended during the fiscal year last preceding the date of the certificate for the support of the public schools, including the wages of teachers, the transportation of school children, fuel, the care of fires, schoolrooms and school premises, repairs, supervision, text-books and supplies, and school sundries or incidentals, but excluding alterations of school buildings, other than repairs, and construction of schoolhouses and contributions for the support of public schools which may be received from the commonwealth or from other sources than local taxation, and also the total expenditures, classified, for the public schools during the school year, and in Boston during the fiscal year instead of the school year, last preceding the date of this certificate. SECTION 2. This act shall take effect upon its passage. [Approved March 22, 1915. 12 CHAPTER 94. An Act relative to Transfer Cards for Public School Pupils changing their Residences. SECTION 1. When any child required by section one of chapter forty- four of the Revised Laws, as amended by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen, to attend school is being educated in any public or private school or in any institution in any city or town, and leaves such school or institu- tion because of change of residence to another city or town in the common- wealth, the superintendent of schools, if the child attends a public school, and the person in charge, if the child attends a private school or is being educated in any institution, shall furnish to such child a transfer card giving the name of the child, his age, his grade in school, and in every case pos- sible, the street and number of his new residence, and shall send without delay a similar transfer card to the superintendent of schools of the city or town in which the child is to reside. SECTION 2. This act shall take effect upon its passage. [Approved March 22, 1915. CHAPTER 122. An Act to direct the County of Hampden to erect Buildings for a County Training School. SECTION 1. The county commissioners of the county of Hampden are hereby authorized and directed to erect in the county of Hampden suitable buildings for a Hampden county training school, and to equip and furnish the buildings suitably for the instruction and training of children com- mitted thereto as habitual truants or school offenders. SECTION 2. In order to meet the expense incurred under this act the county commissioners of the county of Hampden are hereby authorized to borrow from time to time upon the credit of the county a sum not ex- ceeding one hundred thousand dollars, and to issue the bonds or notes of the county therefor. The bonds or notes shall be payable in such annual payments, beginning not more than one year after the date of each loan, as will extinguish each loan within twenty years from its date, and the amount of such annual payment of any loan in any year shall not be less than the amount of the principal of the loan payable in any subsequent year. Each authorized issue of bonds or notes shall constitute a separate loan. The said bonds or notes shall bear interest at a rate not exceeding five per cent per annum, payable semi-annually, and shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale, upon such terms and conditions as the county commissioners may deem proper, but they shall not be sold for less than their par value, and the proceeds shall be used only for the purposes herein specified. SECTION 3. The county commissioners, at the time of authorizing the said loan, shall provide for the payment thereof in accordance with the provisions of this act; and a sum sufficient to pay the interest as it accrues 13 on the bonds or notes issued as aforesaid, and to pay the principal when it becomes due, shall be levied as a part of the county tax of the county of Hampden annually thereafter, in the same manner in which other county taxes are levied, until the debt incurred by said loan is extinguished. SECTION 4. This act shall take effect upon its passage. [Approved- March 30, 1915. CHAPTER 189. An Act to provide for the Establishment and Maintenance of an Inde- pendent Agricultural School in the County of Norfolk. SECTION 1. At the next state election there shall be placed upon the official ballots for the county of Norfolk the following question: "Shall the county of Norfolk authorize the county commissioners to issue bonds of said county to an amount not exceeding seventy-five thousand dollars for the purpose of establishing an independent agricultural school?" SECTION 2. If a majority of the voters voting on the above question vote in the affirmative, then the establishment and maintenance of said school shall be provided for as follows: The name of the school shall be " Norfolk County Agricultural School.' ; The governor, with the advice and consent of the council, shall appoint four persons, one for the term of one year, one for the term of two years, one for the term of three years and one for the term of four years, residents of the county, who, together with the county commissioners for the county, shall be known as the trustees of said school; and it shall be their duty to provide vocational education of the kinds authorized by section three of this act. Said trustees shall serve without compensation, but shall be reimbursed for their necessary expenses, the same to be charged and paid on account of maintenance as hereafter provided. The said trustees are hereby authorized to determine the loca- tion of the said school, subject to its approval by the board of education, and, subject to approval by the said board, to expend an amount not ex- ceeding seventy-five thousand dollars in the purchase of real estate, altera- tion or construction of buildings and provision of live stock, furnishings and equipment therefor. SECTION 3. To meet the cost of establishing the said school, the county commissioners are hereby authorized to issue bonds of the county to an amount not exceeding seventy-five thousand dollars, said amount to be paid over to the trustees upon their requisition by the treasurer of the county. Said bonds shall be issued for a term not exceeding twenty years, and shall bear interest at a rate not exceeding four per cent per annum, payable semi-annually. Each authorized issue of bonds or notes shall con- stitute a separate loan. The county commissioners shall by vote, provide for the payment of each loan by such annual payments, beginning not more than one year after its date, as will extinguish each loan within twenty years from its date, and in such manner that the amount of principal and interest payable in any year, shall not be less than the amount of principal payable in any subsequent year. When such a vote has been passed, the annual amount required shall, without further vote, be assessed according to the provisions of law relating to the assessment of county taxes. 14 SECTION 4. The said school shall be maintained by the trustees as a state-aided vocational school, subject to the approval of the board of edu- cation, in accordance with the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, and of any acts in amendment thereof or in addition thereto not inconsistent with this act. SECTION 5. The said school shall provide instruction in agriculture, and at such time as may be approved by the board of education, in household arts or home-making. Short unit courses of instruction may be given both at the school and elsewhere in the county. Members of the school staff shall investigate farm and market conditions for the purpose of advising individuals and organizations with reference to better business methods among farmers and more satisfactory methods of marketing farm products, shall give instruction in the formation of co-operative enterprises, and shall perform any other work calculated to promote the agricultural or rural development of the county. It shall be the duty of members of the staff to keep in touch with, and to bring to their assistance, all agencies in the commonwealth or elsewhere that will enable them to utilize the latest and best knowledge in the furtherance of their work. SECTION 6. Said school may receive and utilize gifts considered by said trustees and the board of education to be not inconsistent with its pur- poses, but principally it shall be supported as follows : The treasurer of the county shall pay to said trustees upon their requisition such sums, not exceeding in the aggregate sixteen thousand dollars, as may be required by them for the maintenance of said school during the first fiscal year, and the amount so paid shall be raised by taxation in the same manner in which the other expenses of the county are provided for. Said trustees shall annually, after the first year, in consultation with and with the approval of the board of education, prepare on or before the fifteenth day of December, an esti- mate of the amount required to establish, equip and maintain the said school for the ensuing year; and the said amount shall be included by the county commissioners of the county in the estimate required by section twenty-seven of chapter twenty-one of the Revised Laws, as amended, and if the amount so estimated, or any part thereof, shall be authorized by the general court as part of the county tax, the county of Norfolk shall raise by taxation the sum so authorized, and it shall be paid by the county treas- urer to said trustees upon their requisition, and shall be expended by them for the purposes for which it was authorized. SECTION 7. In order to reduce the net cost to county and state of the said school, the trustees shall apply toward the expense of maintenance such miscellaneous income as receipts from tuition collected on account of non-resident pupils in places outside of the county of Norfolk, and receipts from the sale of products and from the work of pupils. SECTION 8. Said county shall be reimbursed by the commonwealth for the expenditures made for the maintenance of said school in the manner and proportion provided for the reimbursement of certain counties, cities and towns by chapter four hundred and seventy-one of the acts of the year 15 nineteen hundred and eleven and acts in amendment thereof or in addition thereto. SECTION 9. Said school, to the extent of the capacity of the various courses provided for in accordance with section five of this act, shall be free for attendance to residents of said county over fourteen and under twenty- five years of age; and, to persons residents of the commonwealth over seventeen years of age in such numbers and for such instruction as shall be approved by the board of education. Any resident over fourteen years of age of a city or town in Massachusetts outside of said county which does not maintain a state-aided vocational school offering the type of education desired, may be admitted to this school in accordance with the provisions governing admission of non-resident pupils and tuition fees contained in said chapter four hundred and seventy-one. SECTION 10. The provisions of chapter five hundred and thirty of the acts of the year nineteen hundred and eight, as amended by chapter five hundred and sixty-seven of the acts of the year nineteen hundred and ten, for half rate fare upon street railways shall apply to pupils of the said school. SECTION 11. Section one of this act shall take effect upon its passage. The remainder of the act shall take effect upon its acceptance by the voters of the county, as provided in section two. [Approved April 21, 1915. CHAPTER 197. An Act relative to the Retirement System for Public School Teachers. * SECTION 1. Section five of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, is hereby amended by adding thereto the following new paragraph: (4) Members of the re- tirement association, established by chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven, as amended, who enter the service of the public schools shall have the full amount of their contri- butions, together with such interest as shall have been earned thereon, transferred by the treasurer of the commonwealth to the annuity fund established by paragraph (2) of this section, and these amounts shall thereby become a part of their assessments. SECTION 2. Section six of said chapter eight hundred and thirty-two is hereby amended by adding thereto the following new paragraph: (7) In determining the retiring allowance of a member of the teachers' re- tirement association who prior to the first day of June, nineteen hundred and twelve, had been regularly employed by the commonwealth, credit shall be given in the manner provided for by paragraph (5) of this section, for all such periods of employment rendered prior to the first day of June, nineteen hundred and twelve: provided, however, that this paragraph shall not apply to any person becoming a member of the teachers' retirement association, after the first day of July, nineteen hundred and fifteen, who, at the time of entering the service of the public schools, was not a member of the retirement association established by chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven. 16 SECTION 3. The paragraph headed "A. Refunds. (a) " of section six of chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven, as amended, by chapter five hundred and eighty-two of the acts of the year nineteen hundred and fourteen, is hereby further amended by inserting in said paragraph, after the word "death", the words: or to enter the service of the public schools as defined by para- graph (5) of section one of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, so that said paragraph will read as follows: (2) A. Refunds. (a). Should a member of the association cease to be an employee of the commonwealth for any cause other than death, or to enter the service of the public schools as defined by paragraph (5) of section one of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, before becoming entitled to a pension, there shall be refunded to him all the money paid in by him under section five, (2) A, with such interest as shall have been earned thereon. SECTION 4. This act shall take effect upon its passage. [Approved April 22, 1915. CHAPTER 198. An Act relative to the Retirement System for the Employees of the Com- monwealth. SECTION 1. Paragraph (/) of section one of chapter five hundred and thirty-two of the acts ot the year nineteen hundred and eleven, as amended by chapter three hundred and sixty-three of the acts of the year nineteen hundred and twelve and "by chapter five hundred and sixty-eight of the acts of the year nineteen hundred and fourteen, is hereby further amended by adding at the end of said paragraph the words: In the case of em- ployees who before entering the service of the commonwealth had been regularly employed as teachers in public schools, as defined by paragraphs (4) and (5) of section one of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, all periods of such employ- ment rendered prior to July first, nineteen hundred and fourteen, shall be counted as a part of the continuous service for the purposes of this act: provided, however, that this clause shall not apply to employees entering the service of the commonwealth after July first, nineteen hundred and four- teen, who are not members of the teachers' retirement association estab- lished by said chapter eight hundred and thirty-two. SECTION 2. Paragraph (2) A of section five of said chapter five hundred and thirty-two is hereby amended by adding at the end thereof the follow- ing paragraph : Members of the teachers' retirement association, estab- lished by chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, who enter the service of the commonwealth shall have the full amount of their contributions, with interest thereon as determined by the teachers' retirement board, transferred by the treasurer of the commonwealth to the retirement fund established by chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven, as amended, and these amounts shall ' thereby become a part of their deposits. 17 SECTION 3. Paragraph (1) of section seven of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen is hereby amended by inserting after the word " schools", in the second line, the words: except for the purpose of entering the service of the com- monwealth, so as to read as follows: (1) Any member of the retire- ment association withdrawing from service in the public schools, except for the purpose of entering the service of the commonwealth, before be- coming eligible to retirement shall be entitled to receive from the annuity fund all amounts contributed as assessments, together with regular interest thereon, in the manner hereinafter provided. SECTION 4. This act shall take effect upon its passage. [Approved April 22, 1915. CHAPTER 225. An Act to provide for an Independent Vocational School in the County of Hampshire. SECTION 1. At the next state election there shall be placed upon the official ballots for the county of Hampshire the following question: " Shall the County of Hampshire maintain an Independent Vocational School?" SECTION 2. If (A) a majority of the voters voting on the above question vote in the affirmative; and if (B) the city of Northampton causes to be tendered to the county for the maintenance of the said school the use, free of charge to the county, of the land, buildings and equipment, and any improvements thereon or additions thereto which may hereafter be made, of the present state-aided vocational, school, known as Smith's agricultural school and Northampton school of industries, and notifies the board of education in writing to that effect, then (C) the county of Hamp- shire shall maintain an independent vocational school in accordance with the following provisions, to wit: 1. The name of the school shall be Smith's Agricultural School. 2. The school shall be maintained as a state-aided vocational school, subject to the approval of the board of education, in accordance with the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven and of any acts in amendment thereof or in addition thereto not inconsistent with this act. 3. The local board of trustees for said school shall consist of five mem- bers, one appointed by the governor for a term of four years, the chairman of the county commissioners of the county of Hampshire, ex officio, and the three trustees elected by the city of Northampton in accordance with the terms of the will of Oliver Smith, ex officiis; and it shall be their duty to maintain vocational education of the kinds authorized by section three of this act. 4. The said local board of trustees, for and on behalf of the said county, shall serve without compensation, but shall be reimbursed for their necessary expenses, which shall be charged and paid on account of maintenance as hereinafter provided. 5. The three ex officiis trustees elected by the city of Northampton, 18 for and on behalf of the city of Northampton, shall make the written re- ports upon their "care and management of the income" received under the will of Oliver Smith for Smith's Agricultural School, and upon "the state of the funds, the expenditures, the improvements made on the prem- ises, and the state of the school and institution generally; and also the state and condition of the proceeds and income of the establishment", required by said will; and for their services of "control and superintend- ence" the said three trustees shall receive from the income received under the will of Oliver Smith the "meet recompense" for which provision is made in the said will. 6. The three ex officiis trustees elected by the city of Northampton shall use so much as may be necessary of the annual income received by the city of Northampton under the will of Oliver Smith for (A) land, build- ing and equipment purposes, including repayment of building and equip- ment loans now in process of liquidation; and may use the remainder of said income at their discretion for (B) other purposes, not inconsistent with the said will, which shall promote the welfare and progress of the said county school. 7. The city of Northampton may withdraw or cause to be withdrawn from the county of Hampshire the privilege of maintaining an independent vocational school on the said premises by giving written notice to the board of education not less than two years prior to the date upon which the said privilege is to be withdrawn. 8. In any event the title to the land, buildings and equipment, with all additions thereto or improvements thereon, with the exception of any equipment not purchasable under the terms of the will of Oliver Smith from the income received under said will, shall remain permanently in the possession of the city of Northampton. 9. The board of education, for and on behalf of the county, may termi- nate the maintenance of an independent vocational school upon the said premises by giving written notice to the city of Northampton two years prior to the date on which said maintenance is to terminate. 10. In the event that maintenance of said school by the county termi- nates, any equipment purchased at the expense of the county shall be dis- posed of by said trustees in such manner as shall be approved by the board of education, and the proceeds shall be paid by the said trustees to the treasurer of the said county. COURSES AND METHODS OF INSTRUCTION. SECTION 3. The school authorized by this act shall maintain such kinds of vocational training permitted by chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, and of any acts in amendment thereof or in addition thereto as are not inconsis- tent with this act. Short unit courses of instruction may be given both at the school and elsewhere in the county. Members of the school staff shall investigate farm and market conditions for the purpose of advising 19 individuals and organizations with reference to better business methods among farmers and more satisfactory methods of marketing farm products ; shall give instruction in the formation of co-operative enterprises; and shall perform any other work adapted to promote the agricultural or rural de- velopment of the county. It shall be the duty of members of the staff to keep in touch with, and to bring to their assistance, all agencies in the commonwealth or elsewhere that will enable them to utilize the latest and best knowledge in the furtherance of their work. COUNTY AND STATE SUPPORT. SECTION 4. The said school may receive gifts considered by said trus- tees and the board of education to be not inconsistent with its purpose, but principally it shall be supported as follows : 1. The said local board of trustees shall prepare annually, in consulta- tion with and with the approval of the board of education, on or before the fifteenth day of December, an estimate of the amount required to maintain the said school for the ensuing year and to provide such equip- ment as may not be purchasable under the terms of the will of Oliver Smith from the income received under that will; and said amount shall be in- cluded by the county commissioners of the county of Hampshire in the estimate required by section twenty-seven of chapter twenty-one of the Revised Laws, as amended. 2. If the amount so estimated, or any part thereof, shall be authorized by the general court as part of the county tax, the county of Hampshire shall raise by taxation the sum authorized, and the sum so raised shall be paid by the treasurer of the county to said trustees upon their requisition. 3. Said trustees, subject to the provisions of said chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, and of section three of this act, shall expend the sum appropriated for the purposes designated, together with such miscellaneous income as receipts from tuition collected on account of non-resident pupils from outside the county of Hampshire, and receipts from the sale of products and from the work of pupils. 4. The county shall be reimbursed for the expenditures made for the maintenance of the said school in the manner and proportion provided for the reimbursement of certain counties, cities and towns by chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven and acts in amendment thereof or in addition thereto. 5. Upon the passage of this act, (A) said county shall raise by taxation for the maintenance of said school during the next fiscal year of the com- monwealth, a sum not less than the amount expended for maintenance by Smith's agricultural school and Northampton school of industries during the fiscal year of the commonwealth then current; (B) said sum shall be included in the estimate prepared by the county commissioners of the county of Hampshire in accordance with section twenty-seven of chapter twenty-one of the Revised Laws as amended; and (C) the instruction 20 offered by said school, to the extent of its capacity, shall be free to residents of said county, beginning with the fiscal year for which the first county appropriation is made. SECTION 5. Said school, to the extent of the capacity of the various courses provided for in section three of this act, shall be free for attendance to residents of said county over fourteen and under twenty-five years of age; and to persons over seventeen years of age in such numbers and for such instruction as shall be approved by the board of education. Any resident over fourteen years of age of a city or town in Massachusetts out- side said county which does not maintain a state-aided vocational school offering the type of education desired, may be admitted to this school in accordance with the provisions governing the admission of non-resident pupils and tuition fees contained in said chapter four hundred and seventy- one. SECTION 6. Any town in said county may, however, establish, equip and maintain, with the approval of the board of education, a school for state-aided vocational education; and nothing in this act shall interfere with the rights and obligations under said chapter four hundred and seventy-one and acts in amendment thereof or in addition thereto, not in- consistent with this act, of any town which may have established such a school, or may hereafter desire to do so. SECTION 7. The provisions of chapter five hundred and thirty of the acts of the year nineteen hundred and eight, as amended by chapter five hundred and sixty-seven of the acts of the year nineteen hundred and ten, relative to half-rate fare upon street railways for school children shall apply to pupils of the said school. [Approved May 5, 1915. CHAPTER 249. An Act relative to Admission to the Bar of Attorney s-at-Law. SECTION 1. Section forty of chapter one hundred and sixty-five of the Revised Laws, as amended by section one of chapter three hundred and fifty-five of the acts of the year nineteen hundred and four and by section one of chapter six hundred and seventy of the acts of the year nineteen hundred and fourteen, is hereby further amended by striking out the words "an applicant for admission to the bar shall not be required to be a graduate of any high school, college or university", in the sixth, seventh and eighth lines, and inserting in place thereof the words: any appli- cant for admission to the bar who is a graduate of a college or who has complied with the entrance requirements of a college, or who has fulfilled for two years the requirements of a day or evening high school or of a school of equal grade, shall not be required to take any examination as to his general education, so as to read as follows : Section 40. Said board l may, subject to the approval of the supreme judicial court, make rules with reference to examinations for admission to the bar and the qualifications of applicants therefor, and determine the time and place 1 Board of Bar Examiners. 21 of all such examinations, and conduct the same: provided, however, that any applicant for admission to the bar who is a graduate of a college or who has complied with the entrance requirements of a college, or who has fulfilled for two years the requirements of a day or evening high school or of a school of equal grade, shall not be required to take any examina- tion as to his general education. From the fees received under the pro- visions of the following section the expenses of said board, as certified by its chairman and approved by a justice of the supreme judicial court, shall be paid, and from the remainder of said fees the members shall re- ceive such compensation as the justices of the supreme judicial court or a majority of them may allow. SECTION 2. This act shall take effect upon its passage. [Approved May 11, 1915. CHAPTER 266. An Act to provide for the Establishment and Maintenance of Day and Evening Classes in Practical Arts for Women. SECTION 1. Chapter one hundred and six of the acts of the year nine- teen hundred and twelve is hereby amended by inserting after the word " separate", in the third line, the words: day and, by striking out the words "shall be open to all", in the fifth line, and inserting in place thereof the words : If day classes only, or evening classes only, are es- tablished, they shall be open to all women over sixteen years of age; if both day and evening classes are established the day classes shall be open only to women over sixteen years of age, and the evening classes shall be open only to, and by striking out the word "and ", in the sixth line, and inserting in place thereof the words : Such classes, so as to read as follows : Any city or town may, through its school committee, or other board of trustees for vocational education, establish and maintain separate day and evening classes in household and other practical arts. Such classes shall be known as practical art classes. If day classes only, or evening classes only, are established, they shall be open to all women over six- teen years of age; if both day and evening classes are established the day classes shall be open only to women over sixteen years of age, and the evening classes shall be open only to women over seventeen years of age who are employed in any capacity during the day. Such classes may be established and maintained as approved state-aided practical art classes under the provisions of, and subject to all the conditions, not inconsistent with this act, of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven. SECTION 2. This act shall take effect upon its passage. [Approved May 20, 1915. 8-20-15 Ed. 5000. Order No. 1496. / or.T 30 THE COMMONWEALTH OF ^MASSACHUSETTS BULLETIN OF THE BOARD k5F EDUCATION 1916, NUMBER 2 1 WHOLE NUMBER, 70 EDUCATIONAL LEGISLATION IN 1916 Issued by July I, 1916 BOSTON WEIGHT & POTTEE FEINTING CO., STATE PEINTEES 32 DEENE STEEET 1916 APPROVED BY THE STATE BOARD OF PUBLICATION. Edition 5, 000 7-1-16 THE COMMONWEALTH OF MASSACHUSETTS BULLETIN OF THE BOARD OF EDUCATION 1916, NUMBER 21 WHOLE NUMBER, 70 EDUCATIONAL LEGISLATION IN 1916 Issued by the Board of Education, July 1, 1916 BOSTON WEIGHT & POTTEB FEINTING CO., STATE PEINTEES 32 DEENE STEEET 1916 APPROVED BY THE STATE BOARD OF PUBLICATION. Edition 5, 000 7-1-16 EDUCATIONAL LEGISLATION ENACTED BY THE GENERAL COURT IN 1916. CONTENT. This pamphlet contains legislation relating to public educa- tion enacted by the General Court during the session of 1916. Resolves appropriating money for specific purposes or to meet annual expenditures and special acts relating to specific com- munities or institutions are omitted. The legislation is grouped as follows : PAGE PART I. LEGISLATION CONFERRING POWERS AND DUTIES ON THE BOARD OF EDUCATION AND THE COMMISSIONER OF EDUCATION. 1. Resolve directing the Board of Education to investigate the subject of special training for injured persons (Res., chapter 75), . . 5 2. Resolve providing for the maintenance and exhibition, by the Board of Education, of the educational exhibit shown at the Panama- Pacific International Exposition (Res., chapter 156), . . 5 3. Resolve establishing a special commission, composed of the Commis- sion on Economy and Efficiency, the Commissioner of Educa- tion, and three persons to be appointed by the Governor, for the purpose of investigating the subject of agricultural educa- tion as conducted at the Massachusetts Agricultural College and the development of the agricultural resources of the Commonwealth (Res., chapter 106), ..... 5 4. An Act to authorize the towns of Salisbury and Newbury to establish and maintain a union high school, with standards specified and approved by the Board of Education (S. A., chapter 265), 7 5. Reference to additional powers and duties conferred on the Board of Education, and printed in Part II. of this Bulletin, ... 7 PART II. LEGISLATION (A) OF GENERAL IMPORT TO THE PUBLIC SCHOOLS; (B) RELATING TO VOCATIONAL EDUCATION; AND (C) THE RETIREMENT OF TEACHERS. A. Legislation of general import to the public schools : 1. Employment of certain minors in summer season (G. A., chapter 66), . 8 2. Exemption of illiterate married women from compulsory attend- ance on evening school (G. A., chapter 82), .... 9 3. Continuous registration of minors by attendance officers, on form of card prescribed by the Board of Education (G. A., chapter 102), 9 B. Legislation relating to vocational education: 1. Co-operative courses in public schools, and the employment of pupils in co-operating agencies (G. A., chaptor 95), . . 13 2. Independent industrial shoemaking school in the city of Lynn (G. A., chapter 174), 15 3. Cities authorized to maintain schools of agriculture and horti- culture, upon acceptance of provisions of chapter 185, General Acts of 1916 (G. A., chapter 185), 16 C. Legislation relating to the retirement of teachers in the public schools, and also in training schools under the direction of the Board of Education: 1. Retirement of teachers and other employees in training schools under the direction of the Board of Education (G. A., chapter 54) 17 2. Refunds to members of the Teachers' Retirement Association, upon withdrawal from service in the public schools (G. A., chapter 60) 18 3. Pledge, mortgage, assignment or transfer of pensions made pun- ishable by fine (G. A., chapter 75), . . . .19 4. Services rendered by pensioners or annuitants to municipalities and counties (G. A., chapter 88), 19 5. Certain payments under the retirement system for public school teachers in case of deceased members of the association (G. A., chapter 238), 20 6. "Regular interest" and "retirement allowances" in connection with the retirement system for public school teachers (G. A., chapter 257), 21 7. Resolve providing for an investigation by the Teachers' Retire- ment Board of the subject of a disability retirement allowance for public school teachers (Res., chapter 152), ... 22 PART III. ADDITIONAL LEGISLATION OF INTEREST IN EDUCATION. 1. Appointment 01 special Board to consider the subject of physical train- ing for boys and girls in the public schools (Res., chapter 90), 23 2. Massachusetts Commission for the Blind in relation to the education of children, and the vocational guidance of adults, having seriously defective eyesight (G. A., chapter 160), ... 23 3. Massachusetts Commission for the Blind given charge of the instruction of the adult blind at their homes; report thereon no longer required to be made to the Board of Education (G. A., chapter 201), 24 4. Certain military organizations of students authorized to drill and parade with firearms (G. A., chapter 8), . . . .25 5. Relative to the misuse of the flag (G. A., chapter 36) ; also references to other legislation as to use and display thereof, ... 26 PART I. - LEGISLATION CONFERRING POWERS AND DUTIES ON THE BOARD OF EDUCATION. RESOLVES, CHAPTER 75. Resolve directing the Board of Education to investigate the Subject of Special Training for Injured Persons. Resolved, That the board of education is hereby directed to ascertain, and to report to the next general court, on or before the second Tuesday of January, what facilities exist in this commonwealth and what provisions have been made to give special training and instruction to persons who have suffered the loss of sight, or loss of or injury to a limb, or other severe injury, and whose earning capacity has been destroyed or impaired thereby, for the purpose of re-establishing or increasing the ability of such persons to earn a livelihood, and also to investigate and report what provision has been made or opportunity furnished for the objects aforesaid in other states and in foreign countries. The board shall include in its report a statement of its opinion as to the advisability of action on the part of the commonwealth to establish or extend means for training and instruction as aforesaid, and shall submit drafts of such legislation, if any, as the board may deem expedient in the premises. [Approved May 1, 1916. RESOLVE, CHAPTER 156. Resolve providing for the Maintenance and Exhibition by the Board of Education of the Educational Exhibit shown at the Panama-Pacific International Exposition. Resolved, That the educational exhibit shown by the commonwealth at the Panama-Pacific International Exposition shall be delivered to the board of education, and the said board is hereby authorized to exhibit the same for educational purposes, at any place within the commonwealth, and may expend for the purpose of maintaining and showing the said exhibit during the present fiscal year a sum not exceeding six hundred dollars. [Approved June 1, 1916. RESOLVE, CHAPTER 106. Resolve providing for an Investigation by a Special Commission of Agri- cultural Education at the Massachusetts Agricultural College and the Development of the Agricultural Resources of the Commonwealth. Resolved, That a special commission is hereby established, to be composed of the commission on economy and efficiency, the commissioner of educa- tion, and three persons to be appointed by the governor, with the advice and consent of the council, for the purpose of investigating the subject of 6 agricultural education as conducted at the Massachusetts Agricultural College and the development of the agricultural resources of the com- monwealth. The commission shall investigate and report as to the advisability of further expenditures for new buildings, additional equipment, the purchase of land and other improvements at the Massachusetts Agricultural College ; as to the present policy of the college, with a view to ascertaining whether the college is meeting in the fullest degree the needs of the commonwealth in respect to agricultural training; as to the use of state and federal ap- propriations and grants; as to the operation of the farm department; as to the educational and academic instruction, and as to the extension work. The commission shall ascertain to what extent teachers are engaged in activities other than college instruction; to what extent students are taught practical farming; to what extent the college, independently of other agencies, contributes toward farming and agricultural development; to what extent the lands, buildings and equipment may economically be utilized; and the relative cost per capita for the education of state and out- of-state students in the various courses of instruction, including compari- sons with other agricultural institutions. The commission shall distinguish the educational from the other activities of the college; shall estimate the cost of possible future development of the college, both for initial appro- priations and for maintenance; shall consider the elimination of certain activities, and a revision of the courses of study in respect to the character of the studies, the amount of time devoted to them, and otherwise. The commission shall ascertain what return, if any, in respect to the agricultural activities of the people of the commonwealth, is made by graduate state- educated students, and what benefits, if any, might accrue to the welfare or development of agriculture in the commonwealth by a co-ordination of the Massachusetts Agricultural College, the state board of agriculture, the forestry department and the department of animal industry, or any of them, in order that certain obvious existing duplications and overlap- pings of activity may be eliminated and that the work of the said depart- ments may be done more effectively and economically. The commission shall report what operations connected with agriculture, the expenses of which are paid by the state, can best be carried on at the college rather than under the direction of the board of agriculture, and what operations now carried on at the college can better be performed under the direction of the board of agriculture. The commission shall further report whether for the advancement of agriculture in Massachusetts it is advisable that the college be continued as at present organized. The commission shall give public hearings, and shall be allowed for necessary expenses such sums, not exceeding seventy-five hundred dollars, as may be approved by the governor and council. The commission shall report in print on or before the tenth day of January, nineteen hundred and seventeen, and shall include in its report drafts of any bills necessary to carry out its recommendations. [Approved May 19, 1916. SPECIAL ACTS, CHAPTER 265. An Act to authorize the Towns of Salisbury and Newbury to establish and maintain a Union High School. SECTION 1. The towns of Salisbury and Newbury are hereby author- ized to establish and maintain at their joint expense a union high school, and to expend therefor such sums of money as may be necessary to equip and maintain the same. The control of such high school shall be vested in a joint committee consisting of the school committees of both towns, which shall determine the location of such school. SECTION 2. For the support of such high school each town shall re- ceive annually from the treasury of the commonwealth such sums as each would be entitled to receive under the provisions of section three of chapter forty-two of the Revised Laws, and chapter two hundred of the acts of the year nineteen hundred and six, and acts in amendment thereof or in addi- tion thereto: provided, that the school shall be maintained in accordance with the standards specified and approved by the board of education. SECTION 3. The annual cost of operation of such high school shall be determined by the joint school committees of the two towns. SECTION 4. This act shall take full effect upon its acceptance by the towns of Salisbury and Newbury at any town meeting called for the pur- pose. [Approved April 20, 1916. REFERENCE TO ADDITIONAL POWERS AND DUTIES. Reference is made to the following General Acts of 1916, as printed in Part II. of this bulletin, conferring additional powers and duties on the Board of Education : See chapter 95, page 13, for definition of "co-operative courses" in the public schools and for power of the Board of Education relating thereto. See chapter 102, page 9, for power of Board of Education to prescribe form of card for continuous registration of minors by attendance officers. See chapter 185, page 16, for power of Board of Education relating to location and organization of schools of agriculture and horticulture by cities accepting at the next annual State election (November, 1916) the provisions of the aforesaid chapter. See chapter 54, page 17, for act relating to the retirement of teachers and other employees in training schools under the direction of the Board of Education. PART II. LEGISLATION (A) OF GENERAL IMPORT TO THE PUBLIC SCHOOLS; (B) RELATING TO VOCATIONAL EDUCATION; AND (C) THE RE- TIREMENT OF TEACHERS. (A) LEGISLATION OF GENERAL IMPORT TO THE PUBLIC SCHOOLS. GENERAL ACTS, CHAPTER 66. An Act relative to the Employment of Certain Minors in the Summer Season. The second paragraph of section seventeen of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen is hereby amended by adding at the end thereof the following: provided, however, that children who are over fourteen but under sixteen years of age and who do not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which they reside, may be granted an employment certificate good for the summer vacation, subject to all other provisions relating to the employment of children between fourteen and sixteen years of age, so that said second paragraph will read as follows: No such school record shall be issued or accepted and no em- ployment certificate shall be granted unless the child possesses the educa- tional qualifications enumerated in section one of chapter forty-four of the Revised Laws as amended by section one of this act: provided, however, that children who are over fourteen but under sixteen years of age and who do not possess such ability to read, write and spell in the English language as is required for the completion of the fourth grade of the public schools of the city or town in which they reside, may be granted an employment certificate good for the summer vacation, subject to all other provisions relating to the employment of children between fourteen and sixteen years of age. [Approved March 22, 1916. Chapter 66 provides that children who are over fourteen but under sixteen years of age may work during summer va- cation. In other words, such children, within the aforesaid ages, as would be required by law to be in attendance on some day school (were schools in session) may work during summer vacation at such occupations as are permitted by law to chil- dren between fourteen and sixteen years of age. The issuance of the certificate required is subject to all other provisions relating to the employment of children between fourteen and sixteen years of age. GENERAL ACTS, CHAPTER 82. An Act to exempt Certain Illiterate Married Women from Compulsory Attendance at Evening Schools. SECTION 1. Section one of chapter four hundred and sixty-seven of the acts of the year nineteen hundred and thirteen is hereby amended by inserting after the word "age", in the second line, the words: except married women, so as to read as follows : Section 1 . Every illiterate minor between sixteen and twenty-one years of age, except married women, shall attend some public evening school in the city or town in which he resides for the whole time during which the public evening schools are in session : provided, that such city or town maintains a public evening school. Attendance at a public day school, or at a private school approved for the purpose by the school committee, shall exempt such minor from at- tending a public evening school. This act shall not affect any existing laws regarding the compulsory school attendance of illiterate minors or their employment, but shall be in addition to such laws. SECTION 2. This act shall take effect upon its passage. (The foregoing was laid before the governor on the twenty-third day of March, 1916, and after five days it had "the force of a law", as prescribed by the constitution, as it was not returned by him with his objections thereto within that time.) The purpose of chapter 82 is to exempt illiterate married women from compulsory attendance on public evening school. GENERAL ACTS, CHAPTER 102. An Act relative to Registration of Minors. SECTION 1. Section three of chapter forty-three of the Revised Laws, as amended by chapter four hundred and forty-three of the acts of the year nineteen hundred and fourteen, is hereby further amended by striking out the word ic annually", in the second line, by striking out the words "on the first day of September, and such record shall be completed on or before the fifteenth day of November", in the tenth, eleventh and twelfth lines, and by adding at the end thereof, the words : Attendance officers or the attendance department, under the direction of the school committee and superintendent of schools, shall have charge of the records required by this section, and shall be responsible for their completeness and accu- 10 racy. A card, as prescribed by the board of education, shall be kept for every child whose name is recorded under the provisions of this section. Principals, teachers and supervisory officers shall co-operate with attend- ance officers in the discharge of their duties under this act. Attendance officers shall compare the names of persons enrolled in the public and private schools of each city or town with the names of persons recorded as required by this act, and examine carefully into all cases where persons of school age are not enrolled in, and attending some school, as required by section one of chapter forty-four of the Revised Laws, as amended by chapter three hundred and twenty of the acts of the year nineteen hundred and five, by chapter three hundred and eighty-three of the acts of the year nineteen hundred and six, and by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen. The annual school committee report of each city and town shall contain, a statement of the number of persons recorded as required by this act, classified by ages, together with a statement of the number attending public or private schools, and the number not attending school in any given year, as required by section one of chapter forty-four of the Revised Laws, as amended by chapter three hundred and twenty of the acts of the year nineteen hundred and five, by chapter three hundred and eighty-three of the acts of the year nineteen hundred and six, and by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen. The supervisory officers of all private schools in the commonwealth shall, within thirty days after the enrollment or registration of any pupil of compulsory school age, report the name, age and residence of the pupil to the superintendent of schools of the city or town in which the pupil resides; and whenever the pupil withdraws from a private school, the supervisory officer thereof, shall, within ten days, notify the superintendent of schools of the city or town in which the pupil resides, so as to read as follows : Section 8. The school committee of each city and town shall ascertain and record the names r ages and such other information as may be required by the board of education, of all children between five and seven years of age, of all children between seven and fourteen years of age, of .all children between fourteen and sixteen years of age, and of all minors over sixteen years of age who cannot read at sight and write legibly simple sentences in the English language, residing in its city or town. Who- ever, having under his control a minor over five years of age, withholds information sought by a school committee or its agents under the provisions of this section or makes a false statement relative thereto, shall be punished by a fine of not more than fifty dollars. Attendance officers or the at- tendance department, under the direction of the school committee and superintendent of schools, shall have charge of the records required by this section, and shall be responsible for their completeness and accuracy. A card, as prescribed by .the board of education, shall be kept for every 11 child whose name is recorded under the provisions of this section. Princi- pals, teachers and supervisory officers shall co-operate with attendance officers in the discharge of their duties under this act. Attendance officers shall compare the names of persons enrolled in the public and private schools of each city or town with the names of persons recorded as required by this act, and examine carefully into all cases where persons of school age are not enrolled in, and attending some school, as required by section one of chapter forty-four of the Revised Laws, as amended by chapter three hundred and twenty of the acts of the year nineteen hundred and five, by chapter three hundred and eighty-three of the acts of the year nineteen hundred and six, and by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen. The annual school committee report of each city and town shall con- tain a statement of the number of persons recorded as required by this act, classified by ages, together with a statement of the number attending public or private schools, and the number not attending school in any given year, as required by section one of chapter forty-four of the Revised Laws, as amended by chapter three hundred and twenty of the acts of the year nineteen hundred and five, by chapter three hundred and eighty- three of the acts of the year nineteen hundred and six, and by section one of chapter seven hundred and seventy-nine of the acts of the year nineteen hundred and thirteen. The supervisory officers of all private schools in the commonwealth shall, within thirty days after the enrollment or registration of any pupil of compulsory school age, report the name, age and residence of the pupil to the superintendent of schools of the city or town in which the pupil resides; and whenever the pupil withdraws from a private school, the supervisory officer thereof, shall, within ten days, notify the superintendent of schools of the city or town in which the pupil resides. SECTION 2. Section four of chapter forty-three of the Revised Laws, as amended by section three of chapter three hundred and sixty-eight of the acts of the year nineteen hundred and twelve, by chapter three hun- dred and fifty-six of the acts of the year nineteen hundred and thirteen, and by section two of chapter four hundred and forty-three of the acts of the year nineteen hundred and fourteen, is hereby further amended by striking out the words "according to the school census taken", in the tenth line, and by striking out the word " September", in the eleventh line, and inserting in place thereof, the word: April, so as to read as follows: Section 4- The chairman of each school committee shall annu- ally on or before the thirty-first day of July transmit to the commissioner of education a certificate filled out, signed and sworn to by him, contain- ing the following statements: First. The number of persons between the ages of five and seven years, the number of persons between the ages of seven and fourteen years, and the number of persons between the ages of fourteen and sixteen years, 12 residing in the town (or city), on the first day of April, last preceding the date of this certificate. Second. The number of persons in the average membership of the public schools of the town (or city), for the school year last preceding the date of the certificate, as determined by the rules of the state school register. Third. The amount of money raised by taxation by the town (or city), and expended during the fiscal year last preceding the date of the certifi- cate for the support of the public schools, including the wages of teachers, the transportation of school children, fuel, the care of fires, schoolrooms and school premises, repairs, supervision, text-books and supplies, and school sundries or incidentals, but excluding alterations of school build- ings, other than repairs, and construction of schoolhouses and contribu- tions for the support of public schools which may be received from the commonwealth or from other sources than local taxation, and also the total expenditures, classified, for the public schools during the school year last preceding the date of this certificate. Fourth. That the town (or city) has maintained during the school year last preceding the date of this certificate each of the schools, as re- quired by section one of chapter forty-two of the Revised Laws, as amended by chapter one hundred and eighty-one of the acts of the year nineteen hundred and eight, and by chapter five hundred and twenty-four of the acts of the year nineteen hundred and ten, for a period of not less than thirty-two weeks, or twenty-eight weeks, if such reduction has been allowed under the provisions of the aforesaid section. Fifth. That the town (or city) has maintained, during the school year last preceding the date of this certificate, a high school, as required by section two of said chapter forty-two, for a period of months, days, as stated. The board of education is authorized and directed to prepare and furnish to school committees suitable forms of the certificate required by this section. [Approved April 4, 1916. Chapter 102 amends section 3, chapter 43, Revised Laws (as amended), by striking out the words providing for an annual school census of certain children and substituting in the place of such census a continuous registration of minors, by attendance officers on a form of card prescribed by the Board of Education, as follows : Children. Between five and seven years of age ; between seven and fourteen years of age; between fourteen and sixteen years of age. Minors. Over sixteen years of age, who cannot read at sight and write legibly simple sentences in the English language. 13 The above act also provides that the certificate filed with the annual school returns to the Board of Education, in ac- cordance with section 4, chapter 43, Revised Laws (as amended), shall contain a statement of the number of children of the ages above stated "residing in the town (or city), on the first day of April." Special attention is called to the last paragraph of section 1, in relation to the duties of supervisory officers of all private schools so far as children of compulsory school age are con- cerned. Chapter 102 became effective May 4, 1916. (B) LEGISLATION RELATING TO VOCATIONAL EDUCATION. GENERAL ACTS, CHAPTER 95. An Act relative to Co-operative Courses in Public Schools and to Employ- ment of Pupils in Co-operating Agencies. SECTION 1. Section seventeen of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, as amended by chapter two hundred and forty-one of the acts of the year nineteen hundred and eleven, and by chapter one hundred and ninety-one of the acts of the year nineteen hundred and twelve, is hereby further amended by adding at the end thereof the following: " Co-operative courses" shall mean courses approved as such by the board of education and conducted in public schools in which technical or related instruction is given in conjunction with prac- tical experience by employment in a co-operating factory, manufacturing, mechanical or mercantile establishment or workshop. SECTION 2. Section fifty-seven of said chapter five hundred and four- teen, as amended by section fifteen of chapter seven hundred and seventy- nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by inserting after the word "certificate", in the eighteenth line, the words: and, provided, further, that pupils in co-operative courses in public schools, as defined in section seventeen of this act, may be employed by any co-operating factory, manufacturing, mechanical or mercantile establishment or workshop upon securing from the superintendent of schools a special certificate covering this type of employment, so as to read as follows: Section 57. No child between fourteen and sixteen years of age shall be employed or be permitted to work in, about or in connection with any factory, workshop, manufacturing, mechanical or mercantile establishment unless the person, firm or corporation employ- ing such child procures and keeps on file accessible to the attendance officers of the city or town, to agents of the board of education, and to the state board of labor and industries or its authorized agents or inspectors, the employment certificate as hereinafter provided issued to such child, and 14 / keeps a complete list of the names and ages of all such children employed therein conspicuously posted near the principal entrance of the building in which such children are employed: provided, however, that children who are over fourteen but under sixteen years of age shall be permitted to work in mercantile establishments on Saturdays between the hours of seven in the morning and six in the evening, without such certificate; and, provided, further, that pupils in co-operative courses in public schools, as defined in section seventeen of this act, may be employed by any co-opera- ting factory, manufacturing, mechanical or mercantile establishment or workshop upon securing from the superintendent of schools a special cer- tificate covering this type of employment. On termination of the employ- ment of a child whose employment certificate is on file, said certificate shall be returned by the employer within two days after said termination to the office of the superintendent of schools from which it was issued. SECTION 3. Section sixty-six of said chapter five hundred and fourteen, as amended by section twenty-three of chapter seven hundred and seventy- nine of the acts of the year nineteen hundred and thirteen, is hereby further amended by inserting after the word "establishment", in the fourth line of the first paragraph, the words: except as provided for pupils in co- operative courses, approved as such by the board of education and con- ducted in public schools, so that the first paragraph shall read as fol- lows : Section 66. No child who is over sixteen and under twenty-one years of age shall be employed in a factory, workshop, manufacturing, mechanical or mercantile establishment, except as provided for pupils in co-operative courses, approved as such by the board of education and conducted in public schools, unless his employer procures and keeps on file an educational certificate showing the age of the child and his ability or inability to read and write as hereinafter provided. Such certificates shall be issued by the person authorized by this act to issue employment certificates. SECTION 4. This act shall take effect upon its passage. [Approved April 3, 1916. By the amendments provided for in chapter 95, the meaning of the term "co-operative courses" is defined; and it is made unnecessary for a pupil in a co-operative course to secure a new working certificate each time he or she changes the place of employment. A special form of certificate may be issued by the local superintendent of schools covering the specified period of employment in all places when such employment is a required part of a co-operative course. 15 SPECIAL ACTS, CHAPTER 174. An Act to provide for the Establishment of an Independent Industrial Shoemaking School in the City of Lynn. SECTION 1. At the next state election there shall be placed upon the official ballot for the city of Lynn the following question: "Shall the city of Lynn establish an Independent Industrial Shoemaking School?" SECTION 2. If a majority of the voters voting upon the question afore- said vote in the affirmative, the governor, with the advice and consent of the council, shall appoint eight persons, residents of the city of Lynn, two of whom shall be representatives of the laboring class, to serve as follows : two for one year, two for two years, two for three years, and two for four years; and thereafter two persons shall be appointed annually for the term of four years, but every appointee under this act shall serve until his successor has qualified. The said persons together with the mayor of Lynn shall be known as Trustees of the Independent Industrial Shoe- making School of the City of Lynn. They shall serve without compensa- tion, but shall be reimbursed for their necessary expenses, and the sums so paid shall be charged as a part of the maintenance expense of the school. SECTION 3. The said trustees are hereby authorized to determine the situation of the said school, subject to the approval of the board of educa- tion, and to expend annually for rent of suitable floor space for the school a sum not exceeding six thousand dollars until such time as it is deemed expedient to purchase, construct or alter a building for the use of the school. After the said school is established and equipped, the city of Lynn shall annually raise by taxation such sums as may be needed for its maintenance and operation. SECTION 4. The cost of establishing and equipping the said school shall be paid by the city of Lynn, and for this purpose the municipal council is hereby authorized to issue bonds of the city to an amount not exceeding twenty thousand dollars, for terms not exceeding ten years, and at a rate of interest not exceeding four per cent per annum payable semi-annually. The bonds shall be issued and shall be payable in accordance with the provisions of chapter seven hundred and nineteen of the acts of the year nineteen hundred and thirteen. Each authorized issue of bonds hereunder shall constitute a separate loan. SECTION 5. The school established under this act shall be established and maintained as an approved school, subject to the provisions of chapter four hundred and seventy-one of the acts of the year nineteen hundred and eleven, and of any amendments thereof, and the city of Lynn shall be reimbursed for the expenditures incurred in its maintenance in the manner and to the extent provided for the reimbursement of cities and towns by the said chapter and any amendments thereof. [Approved March 18, 1916. By the provisions of Special Acts, chapter 174, the citizens of Lynn will vote in November, 1916, as to their desires rela- 16 live to the establishment of an independent industrial shoe- making school in that city. If the vote should be in favor of establishing such a school, the act further provides for the city of Lynn to equip and maintain an industrial shoemaking school for the purpose of giving instruction in all the branches of the shoemaking industry. GENERAL ACTS, CHAPTER 185. An Act to authorize Cities to maintain Schools of Agriculture and Horti- culture. SECTION 1. Any city which accepts the provisions of this act may establish and maintain schools for instructing families and individuals by means of day, part-time or evening classes in gardening, fruit growing, floriculture, poultry keeping, animal husbandry, and other branches of agriculture and horticulture. The location and organization of the said schools, and the instruction given therein shall be subject to the approval of the board of education. SECTION 2. After the acceptance of this act by any city and before further action hereunder is taken, the school committee shall cause to be circulated a description of the purposes and scope of the instruction to be given hereunder with a request for applications from those desiring such instruction. SECTION 3. The city council or other board or officer having power to take land for school purposes in any city which accepts the provisions of this act may, in conformity with the provisions of general law relative to the taking of land by municipalities, take in fee any land in said city not already appropriated to public uses for the purpose of maintaining a school hereunder, or may lease or purchase in fee any land, either within or with- out the city limits, for the said purpose. The school committee of the city may erect suitable buildings upon the land so acquired, and may make provision, on terms that will not involve loss to the city, for the use of plots of ground and for the temporary housing of those attending the school, and complying with its regulations, who have not access to other land suitable for giving proper effect to the instruction of the school. SECTION 4. This act shall be submitted to the voters in the several cities of the commonwealth at the next annual state election for their acceptance or rejection, and shall take effect in any city if a majority of the voters of that city voting thereon shall vote in the affirmative. The act shall be submitted in the form of the following question to be placed upon the official ballot: "Shall an act, passed by the general court in the year nineteen hundred and sixteen, to authorize cities to maintain schools of agriculture and horticulture and to make provision, in certain instances, for the temporary housing of persons attending the school, be accepted?" [Approved May 9, 1916. 17 Cities accepting of provisions of chapter 185, at the next annual State election (November, 1916), are authorized to provide instruction for persons who desire agricultural training but who are either too young or too old to meet the require- ments of chapter 471 of the Acts of 1911. The act is intended primarily to reach family groups, and to provide attractive and profitable residence in the country for those who would other- wise be cramped in congested city quarters. The school equip- ment may include small homesteads to be rented by families who desire to be taught how to make the most of such home- steads. (C) LEGISLATION RELATING TO THE RETIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS AND FOR TEACHERS IN TRAIN- ING SCHOOLS UNDER THE DIRECTION OF THE BOARD OF EDUCATION. GENERAL ACTS, CHAPTER 54. An Act relative to the Retirement of Teachers and Other Employees in Training Schools maintained under the Direction of the Board of Education. SECTION 1. All persons employed as teachers in training schools main- tained and controlled by the board of education shall be considered as public school teachers for the purposes of chapter eight hundred and thirty- two of the acts of the year nineteen hundred and thirteen and acts in amendment thereof and in addition thereto, and such a teacher upon be- coming a member of the Teachers' Retirement Association shall thereafter pay to the Teachers' Annuity Fund assessments based upon his total salary including the part paid by the commonwealth: provided, that the total assessments shall not exceed one hundred dollars in any one year. Such assessments shall be deducted in accordance with rules and regulations prescribed by the teachers' retirement board. Nothing herein contained shall apply to teachers regularly employed in the normal schools who devote some time to training school work, and are therefore subject to the provisions of chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven, and acts in amendment thereof and in addi- tion thereto. SECTION 2. Teachers now members of the association established by chapter five hundred and thirty-two of the acts of the year nineteen hun- dred and eleven and acts in amendment thereof and in addition thereto, who, under the provisions of this act, become members of the retirement association established by chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen, and acts in amendment thereof and in addition thereto, shall have the full amount of their con- 18 tributions, together with such interest as shall have been earned thereon, transferred in the manner prescribed by chapter one hundred and ninety- seven of the General Acts of the year nineteen hundred and fifteen. SECTION 3. All other persons employed in the training schools main- tained and controlled by the board of education in buildings owned by the commonwealth shall be considered employees of the commonwealth for the purposes of chapter five hundred and thirty-two of the acts of the year nineteen hundred and eleven, and acts in amendment thereof and in addition thereto. All other persons employed in the training schools maintained and controlled by the board of education in buildings not owned by the commonwealth shall not be considered employees of the commonwealth for the purposes of said act. SECTION 4. This act shall take effect on the first day of July, nineteen hundred and sixteen. [Approved March 21, 1916. The teachers in the training schools were formerly members of the Retirement Association for State Employees, and the amounts they contributed towards their retiring allowances were based only upon the salary received from the State. Chapter 54, General Acts of 1916, was passed in order that their contributions might be based upon the full salary, and the amount of the retiring allowance thereby increased. GENERAL ACTS, CHAPTER 60. An Act relative to Refunds to Members of the Teachers' Retirement As- sociation who withdraw from the Service of the Public Schools. SECTION 1. Section seven of chapter eight hundred and thirty- two of the acts of the year nineteen hundred and thirteen is hereby amended by striking out paragraph (2) and inserting in place thereof the following new paragraph: (2) If such withdrawal shall take place before six annual assessments have been paid, the total amount to which such member is entitled as determined by the retirement board under the provisions of this act may be paid to him in one sum. SECTION 2. Paragraph (3) of section seven of said chapter eight hun- dred and thirty-two is hereby amended by striking out the word "ten", in the first line, and inserting in place thereof the word: six, so as to read as follows: (3) If such withdrawal shall take place after six annual assessments have been paid the amount so refunded shall be in the form of such annuity for life based on the contributions of such member, to- gether with regular interest thereon, as may be determined by the retire- ment board according to its annuity tables, or in four annual instalments, as such member may elect. SECTION 3. This act shall take effect upon its passage. [Approved March 21, 1916. 19 The teachers' retirement law originally provided that when a member of the association withdrew from the service of the public schools the total amount which he had contributed, together with the interest allowed thereon, should be refunded in four annual instalments. Chapter 60, General Acts, was passed because it was found that a great many teachers with- drew from the service before having paid many contributions to the annuity fund, and it was decided that when the amount to be refunded was small it would be better to make the refund in one sum. GENERAL ACTS, CHAPTER 75. An Act to prohibit the Pledge, Mortgage, Sale, Assignment or Transfer of Pensions granted by the Commonwealth or by Any County, City or Town. Any pledge, mortgage, sale, assignment, or transfer hereafter made of any right, claim, or interest in any pension which has been, or may here- after be granted by the commonwealth or by any county, city or town, shall be void and of no effect, and any person who shall be a party to such pledge, mortgage, sale, assignment or transfer of any right, claim, or interest in any pension, or pension certificate, which has been, or may hereafter be granted or issued by the commonwealth or by any county, city or town, or who shall hold the same as collateral security for any debt or promise, or upon any pretext of such security or promise, shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars. [Approved March 24, 1916. The above chapter makes punishable by fine the pledge, mortgage, assignment or transfer of pensions granted by the Commonwealth or by any county, town or city. Section 8 of chapter 832, Acts of 1913, makes any assign- ment of any right in or to any funds in connection with an annuity or pension for teachers not valid, while chapter 75, quoted above, makes such action, upon conviction, punishable by fine. GENERAL ACTS, CHAPTER 88. An Act relative to Services rendered by Pensioners or Annuitants to Mu- nicipalities and Counties. Section one of chapter six hundred and fifty-seven of the acts of the year nineteen hundred and thirteen is hereby amended by inserting after the word " county", in the second line, the words : excepting teachers who are now receiving annuities not exceeding the sum of one hundred and eighty dollars per annum, so as to read as follows: Section 1. 20 No person who now or hereafter receives a pension or an annuity from any city or town or any county, excepting teachers who are now receiving annuities not exceeding the sum of one hundred and eighty dollars per annum, shall be paid for any service, except service as a juror, rendered by him to said city, town or county after the date of the first payment of such pension or annuity. [Approved March 31, 1916. GENERAL ACTS, CHAPTER 238. An Act relative to Certain Payments under the Retirement System for Public School Teachers. SECTION 1. Paragraph (6) of section seven of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen is hereby amended by adding at the end thereof the following : if, however, there is no executor or administrator of the estate of such deceased member, all sums due under this paragraph, not exceeding one hundred dollars in any one case, may be paid to such person or persons as appear in the judg- ment of the retirement board to be entitled to the proceeds of the estate, and such payment shall be a bar to recovery by any other person, so that said paragraph will read as follows : (6) If a member of the retire- ment association shall die before retirement, the full amount of his contri- butions to the annuity fund with regular interest to the day of his death shall be paid to his legal representatives; if, however, there is no executor or administrator of the estate of such deceased member, all sums due under this paragraph, not exceeding one hundred dollars in any one case, may be paid to such person or persons as appear in the judgment of the retire- ment board to be entitled to the proceeds of the estate, and such payment shall be a bar to recovery by any other person. SECTION 2. This act shall take effect upon its passage. [Approved May 20, 1916. In the event of death of a member of the retirement association before retirement, it was necessary that a legal representative be appointed, in^ order that the amount con- tributed, with the interest allowed thereon, might be refunded. Chapter 238, General Acts, was passed in order that refunds of small amounts might be made without the estate incurring the expense of the appointment of a legal representative. 21 GENERAL ACTS, CHAPTER 257. An Act relative to the Retirement System for Public School Teachers. SECTION 1. Section one of chapter eight hundred and thirty-two of the acts of the year nineteen hundred and thirteen is hereby amended by striking out paragraph (6) and inserting in place thereof the following: (6) "Regular interest" shall mean interest at the rate determined by the retirement board and shall be substantially that which is actually earned, which shall be compounded annually on the last day of December of each year. SECTION 2. Paragraph (5) of section six of said chapter eight hundred and thirty-two is hereby amended by striking out the words "regular interest", in the twentieth line, and inserting in place thereof the words: three per cent interest compounded annually, so as to read as fol- lows : (5) Any teacher who shall have become a member of the retire- ment association under the provisions of paragraph numbered (2) of section three, and who shall have served fifteen years or more in the public schools of the commonwealth, not less than five of which shall immediately precede retirement, shall, on retiring as provided in paragraphs (1) and (2) of this section, be entitled to receive a retirement allowance as follows : (a) such annuity and pension as may be due under the provisions of paragraphs numbered (3) and (4) of this section; (b) an additional pension to such an amount that the sum of this additional pension and the pension provided in paragraph (4) of this section shall equal the pension to which he would have been entitled under the provisions of this act if he had paid thirty assessments on his average yearly wage for the fifteen years preceding his retirement and at the rate in effect at the time of his retirement : provided, (1) that if his term of service in the commonwealth shall have been over thirty years the thirty assessments shall be reckoned as having begun at the time of his entering service and as drawing three per cent interest com- pounded annually until the time of retirement; and further provided, (2) that if the sum of such additional pension together with the annuity and pension provided for by paragraphs numbered (3) and (4) of this section is less than three hundred dollars in any one year, an additional sum suffi- cient to make an annual retirement allowance of three hundred dollars shall be paid from the pension fund. [Approved May 24, 1916. The retirement law originally provided that the accounts of the members of the association should be credited with 3 per cent interest. As the funds contributed by the members have been invested in securities which are yielding about 4 per cent interest, chapter 257, General Acts, was created in order that the members might receive the benefit of all the interest earned on their contributions. 22 RESOLVES, CHAPTER 152. Resolve providing for an Investigation by the Teachers' Retirement Board of the Subject of a Disability Retirement Allowance for Public School Teachers. Resolved, That the teachers' retirement board is hereby directed to in- vestigate the subject of providing for the retirement of public school teachers in cases of permanent disability. The board is authorized to expend for this purpose a sum not exceeding one hundred dollars, and is directed to report the results of its investigation to the next general court, with such recommendations as it may deem expedient, not later than the fifteenth day of January. [Approved June 1, 1916. 23 PART III. ADDITIONAL LEGISLATION OF INTEREST IN PUBLIC EDUCATION. RESOLVES, CHAPTER 90. Resolve providing for the Appointment of a Special Board to consider the Subject of Physical Training for Boys and Girls in the Public Schools. Resolved, That three persons, to be appointed by the governor, shall constitute a board to investigate the subject of physical training for boys and girls in the public schools, and to define and reccmmend a system which will improve their physical, moral and mental qualities and provide the commonwealth with an adequate basis for a citizen soldiery, with special reference to the following subjects: (a) Physical and disciplinary training. (b) Military history. (c) Personal hygiene and sanitation. The members of this board shall serve without pay but shall be allowed for clerical assistance and for necessary expenses, such a sum not exceeding one thousand dollars, as shall be approved by the governor and council. The board is authorized in its discretion to consider any related matter, whether or not the same is particularly mentioned in this resolve. The board shall report the result of its investigations to the general court on or before the second Wednesday in January in the year nineteen hundred and seventeen, and shall accompany its report with such recommendations for legislation as the board may deem advisable. [Approved May 16, 1916. GENERAL ACTS, CHAPTER 160. An Act to provide for Exchange of Information between the State Board of Charity and Overseers of the Poor and the Massachusetts Com- mission for the Blind, and to provide for aiding Persons with Seriously Defective Eyesight. SECTION 1. Section two of chapter three hundred and eighty-five of the acts of the year nineteen hundred and six is hereby amended by in- serting at the end thereof the words: The state board of charity and the overseers of the poor of cities and towns are hereby directed to aid the commission by reporting whenever outdoor or indoor aid is granted to families in which there is a blind member or members, and the commission is hereby directed to report in turn to the state board of charity and the overseers of the poor of cities and towns any activity on their part in re- lation to blind persons who or whose families are known to be receiving 24 or to have received public outdoor or indoor aid, so as to read as fol- lows: Section 2. The commission shall be authorized to prepare and maintain a register of the blind in Massachusetts, which shall describe their condition, cause of blindness and capacity for education and indus- trial training. The chief of the bureau of statistics of labor is hereby di- rected to aid the commission by furnishing it from time to time, upon its request, with the names, addresses and such other facts concerning the blind as may be recorded by the enumerators in taking any decennial census. The state board of charity and the overseers of the poor of cities and towns are hereby directed to aid the commission by reporting when- ever outdoor or indoor aid is granted to families in which there is a blind member or members, and the commission is hereby directed to report in turn to the state board of charity and the overseers of the poor of cities and towns any activity on their part in relation to blind persons who or whose families are known to be receiving or to have received public outdoor or indoor aid. SECTION 2. Said chapter three hundred and eighty-five is hereby further amended by inserting a new section after section two to be num- bered 2A, as follows: Section 2 A. The commission is further authorized to register cases of persons whose eyesight is seriously defective or who are liable to become visually handicapped or blind, and to take such measures, in co-operation with other authorities, as it may deem advisable for the prevention of blindness or conservation of eyesight, and, in appropriate cases, for the education of children and for the vocational guidance of adults having seriously defective sight. [Approved April 27, 1916. GENERAL ACTS, CHAPTER 201. An Act to provide for the Instruction of the Adult Blind at Their Homes. SECTION 1. The Massachusetts commission for the blind may provide for the instruction of the adult blind at their homes. The commission may expend annually for this purpose not more than six thousand dollars and shall include with its other estimates of needed appropriations a de- tailed estimate of the proposed expenditures. SECTION 2. Chapter two hundred and ninety-seven of the acts of the year nineteen hundred and two is hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved May 12, 1916. Under this act the detailed annual report from the Perkins Institution and Massachusetts School for the Blind to the Board of Education relating to expenditures for the instruction of the adult blind at their homes is now no longer required, and the matter is under the direction of the Massachusetts Com- mission for the Blind. 25 GENERAL ACTS, CHAPTER 8. An Act to authorize Certain Military Organizations of Students to drill and parade with Firearms. SECTION 1. Chapter six hundred and four of the acts of the year nine- teen hundred and eight is hereby amended by striking out section one hundred and seventy and inserting in place thereof the following: Sec- tion 170. No body of men, except the volunteer militia, the troops of the United States and the Ancient and Honorable Artillery Company of Boston shall maintain an armory or associate together at any time as a company or organization, for drill or parade with firearms; nor so drill or parade, nor shall any city or town raise or appropriate money toward arming, equipping, uniforming, supporting, or providing drill rooms or armories for any such body of men: provided, that associations wholly composed of soldiers honorably discharged from the service of the United States may parade in public with arms, upon the reception of any regiments or companies of soldiers returning from said service, and for escort duty at the burial of deceased soldiers, with the written permission of the mayor and aldermen of the city or selectmen of the town in which they desire to parade; that students in educational institutions where military science is a prescribed part of the course of instruction, and, also students who are enrolled in a military organization approved by the secretary of war or navy of the United States and over which an officer of the United States army or navy or the Massachusetts volunteer militia has supervision, may, with the approval of the governor and under such conditions as he may prescribe, drill and parade with firearms in public, under the superintend- ence of their instructors; that foreign troops who have been admitted into the United States with the consent of the United States government may, with the approval of the governor, drill and parade with firearms in public, and that any body of men may, with the approval of the governor, drill and parade in public with any harmless imitation of firearms which has been approved by the adjutant general; that regularly organized posts of the grand army of the republic, and regularly organized camps of the legion of Spanish war veterans, or of the united Spanish war veterans, may at any time parade in public their color guards of not more than twelve men, armed with firearms; that regularly organized camps of the sons of veterans may at any time parade in public their color guards of ten men with firearms; and that any organization heretofore authorized thereto by law may parade with sidearms; and that any veteran association com- posed wholly of past members of the militia of this commonwealth may maintain an armory for the use of the organizations of the militia to which its members belonged. SECTION 2. This act shall take effect upon its passage. [Approved February 18, 1916. 26 Attention is called to that part of chapter 8, General Acts of 1916, which provides that students in educational institutions where military science is a prescribed part of the course of in- struction may, with the approval of the Governor, and under such conditions as he may prescribe, drill and parade with firearms in public, under the superintendence of their instruc- tors. (Further information relating to military organizations can be bad on application at the office of the Adjutant-General, State House, Boston.) GENERAL ACTS, CHAPTER 36. An Act relative to the Misuse of the Flag. The provisions of chapter five hundred and seventy of the acts of the year nineteen hundred and fourteen, shall not apply to publications issued solely for the purpose of giving information in relation to the flag, or to publications issued solely for the purpose of promoting patriotism or en- couraging the study of American history; but no words, figures, designs or other marks of any kind shall be placed upon the flag or any representa- tion thereof. [Approved March 14, 1916. The following list of references to other legislation relating to the display, use or misuse of the national or State flags is given for the convenience of school authorities : The flag of the Commonwealth, chapter 229, Acts of 1908, as amended by chapter 37, Acts of 1915. The observance of Flag Day, chapter 5, Resolves of 1911. The display of National and State flags on State buildings, chapter 60, Acts of 1909. The display of the United States flag on schoolhouses, chapter 232, Acts of 1911. Misuse of National or State flags, chapter 570, Acts of 1914. Misuse of foreign flags, chapter 197, Acts of 1912. Display of foreign flags or emblems on public buildings, chapter 206, Revised Laws, section 6. (A leaflet giving the full text of the laws referred to above can be had on application to the office of the Secretary of the Commonwealth, State House, Boston.) UNTVEKSITY OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1 00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. U.C.BERKELEY LIBRARIES UNIVERSITY OF CALIFORNIA LIBRARY