— w^^^ 1 = -c S = s X ( J 2 ^^ 3 m . 5= m ■ ^ T> 8 = 6 m ■ ^ 5 i — — 1 — — — -H 8 ■" •yiA m \ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY mM: " T,' ,1., ;;, !j- jv i,; '■' w ' 1 ' / , ■ ■■ ' THE COMMONWEALTH OF MASSACHUSETTS BULLETIN OF THE DEPARTMENT OF EDUCATION 1921. NUMBER 9 WHOLE NUMBER. 129 GENERAL LAWS Relating to Education ENACTED BY THE LEGISLATURE ON DECEMBER 7, 1920, TO TAKE EFFECT JANUARY 1, 1921; ALSO SUB- SEQUENT AMENDMENTS AND ADDITIONS ENACTED IN 1921 BOSTON WRIGHT & POTTER PRINTING CO.. STATE PRINTERS 32 DERNE STREET 1921 /^ojjr^as^+b. Uu;.5^ 5-bfu+«, a-fc. Ill THE COMMONWEALTH OF MASSACHUSETTS BULLETIN OF THE DEPARTMENT OF EDUCATION 1921. NUMBER 9 WHOLE NUMBER. 129 GENERAL LAWS Relating to Education ENACTED BY THE LEGISLATURE ON DECEMBER 7, 1920, TO TAKE EFFECT JANUARY 1, 1921; ALSO SUB- SEQUENT AMENDMENTS AND ADDITIONS ENACTED IN 1921 BOSTON WRIGHT & POTTER PRINTING CO., STATE PRINTERS 32 DERNE STREET 1921 5 l9Zi Publication of this Document approved bt the Supervisor of Administration. DEPARTMENT OF EDUCATION. Commissioner of Education. PAYSON SMITH, State House, Boston. Advisory Board of Education. Sarah Louise Arnold, Simmons College, Boston. Ella Lyman Cabot, 1 Marlborough Street, Boston. A. Lincoln Filene, 416 Washington Street, Boston. Frederick P. Fish, 84 State Street, Boston. Walter V. McDuffee, Central High School, Springfield. Thomas H. Sullivan, Slater Building, Worcester. The Department of Education. Division of Elementary and Secondary Education and Normal Schools. Division of Vocational Education. Division of University Extension. Division of Immigration and Americanization. Division of Public Libr-^ries. Division of the Blind. Teachers' Retirement Board. Massachusetts Agricultural College. Massachusetts Nautical School. Bradford Durfee Textile School, Fall River. Lowell Textile School. New Bedford Textile School. CONSTITUTION OF THE Commonwealth of Massachusetts. CHAPTER V. THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGE- MENT OF LITERATURE, ETC. Section I. The University. Article I. Whereas our wise and pious ancestors, so Harvard early as the year one thousand six hundred and thirty-six, ° ^^^' laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which quali- fied them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — ■ it is Powers, privi- declared, that the President and Fellows of Harvard llfe^president College, in their corporate capacity, and their successors confirmel^' in that capacity, their officers and servants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to have, hold, use, exercise, and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. LAWS RELATING TO EDUCATION. Duty of legis- latures and magistrates in all future periods. For further provisions as to public schools, see amend- ments, Arts. XVIII and XLVI. 12 Allen, 500- 503. 103 Mass. 94, 97. Section IL The Encouragement of Literature, etc. Wisdom and knowledge, as well as virtue, diffused gen- erally 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 legislatures 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 pro- motion of agriculture, arts, sciences, commerce, 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 gener- ous sentiments, among the people. Public money not to be ex- pended to aid educational, charitable, religious or other institu- tions not wholly under public owner- ship and control, etc. Credit of the common- wealth restricted by ] amendments, Art. LXII, sect. 1. AMENDMENTS. Art. XLVI. Section 1. No law shall be passed pro- hibiting the free exercise of religion. Section 2. 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 commonwealth for the support of common schools shall be applied to, and ex- pended in, no other schools than those which are con- ducted according to law, under the order and superintend- ence of the authorities of the town or city in which the money is expended; and no grant, appropriation or use of public money or property or loan of public credit shall be made or authorized by the commonwealth or any political division thereof for the purpose of founding, maintaining or aiding any school or institution of learning, whether under public control or otherwise, wherein any denomina- tional doctrine is inculcated, or any other school, or any college, infirmary, hospital, institution, or educational, charitable or religious undertaking which is not publicly CONSTITUTIONAL PROVISIONS. 7 owned and under the exclusive control, order and super- intendence of public officers or public agents authorized by the commonwealth or federal authority or both, except Exceptions. that appropriations may be made for the maintenance and support of the Soldiers' Home in Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or prop- erty or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society. Section 3. Nothing herein contained shall be con- Careorsup- strued to prevent the commonwealth, or any political Eospitak!Ytc*r division thereof, from paying to privately controlled hos- whra?rpubiic pitals, infirmaries, or institutions for the deaf, dumb or charges. blind not more than the ordinary and reasonable com- pensation for care or support actually rendered or fur- nished by such hospitals, infirmaries or institutions to such persons as may be in whole or in part unable to support or care for themselves. Section 4. Nothing herein contained shall be con- inmates of strued to deprive any inmate of a publicly controlled fnstftutiras "^ reformatory, penal or charitable institution of the oppor- pHvedof reli- tunity of religious exercises therein of his own faith; but ofThefr^own^^ no inmate of such institution shall be compelled to attend ^^ji*,^""' ''°™" religious services or receive religious instruction against attend religious SGrviCGS etc his will, or, if a minor, without the consent of his parent against their 1 . will, etc. or guardian. 8 LAWS RELATING TO EDUCATION. [Chap. 15. General Laws relating to Education. CHAPTER 15. DEPARTMENT OF EDUCATION. Sect. 1. Department of education. 2. Commissioner of education. 3. Advisory board. 4. Certain duties of commissioner. Divi- sions in the department. 5. Directors and clerical assistants. 6. Advisory council, etc., for univer- sity extension and correspondence courses. 6A. State boardforvocational education. DIVISION FOR THE TRAINING OF DISABLED SOLDIERS AND SAILORS. 7. Division for the training of disabled soldiers and sailors. DIVISION OF PUBLIC LIBRARIES. 8. Division of public libraries. 9. Board of free public library commis- sioners. 10. Commissioners to serve without pay. 11. Agents of the board. DIVISION OF IMMIGRATION AND AMERI- CANIZATION. 12. Division of immigration and Ameri- canization. Department education. 1837, 241, § G. S. 34, § 1. P. S. 41, § 1. R. L. 39, § 1. 1909, 457, §§ 1, 6. 1919, 350, §§ 56, 57. of 1. Sect. DIVISION OF the BLIND. 13. Division of the blind. 14. Commission for the blind. 15. Agents and teachers. teachers' retirement BOARD. 16. Teachers' retirement board. 17. Members to be reimbursed for ex- penses, etc. 18. Clerical assistance. CERTAIN trustees AND COMMISSIONERS SERVING IN THE DEPARTMENT. 19. Certain trustees, etc., serving in the department. MASSACHUSETTS AGRICULTURAL COLLEGE. 20. Trustees. TEXTILE SCHOOLS. 21. Boards of trustees. MASSACHUSETTS NAUTICAL SCHOOL. 22. Commissioners of Massachusetts nau- tical school. 23. Commissioners to serve without com- pensation. Section 1. There shall be a department of education, in this chapter called the department, which shall be under the supervision and control of a commissioner of education, in this chapter called the commissioner, and an advisory board of education of six members, in sections one to six, inclusive, called the board, of whom at least two shall be women and one shall be a school teacher of the commonwealth. 1864, 99. R. L. 39, §§ 1-3. 1865, 246. 1904, 234, §§ 1, 3. 1867, 276. 1906, 505, § 1. 1876, 110. 1909, 457, §§ 1, 3, 6, P. S. 41, §§ 1, 4, 8. 1910, 282, § 1. 1885, 227. 1911, 466, § 1. 1894, 176. Chap. 15.] DEPARTMENT OF EDUCATION. 9 Section 2. Upon the expiration of the term of office Commissioner of a commissioner, his successor shall be appointed by the i837,"24ii°°' governor, with the advice and consent of the council, for i8.38,l59 §2 five years. The commissioner shall receive such salary, \ltf 1^^- § 2. not exceeding nine thousand dollars, as the governor and Sl^'^^- council may determine. 1862,212. 1912, 80, § 1. 1913,421, § 1. 1918, 257, § 168. 1919, 5; 350, §§ 57, 58. 1920, 2. 1921, 442. Section 3. The governor, with the advice and consent Advisory of the council, shall annually appoint two members of the 1837, 241, § 1. board for three years each. The board shall meet at least o^ts^; once a month, and at such other times as it may determine P g* l^i by rule and when requested by the commissioner or by |^^ J; 39 any three members. The members of the board shall §1 1- ^- . . 1904 234 § 2 serve without compensation, but shall be reimbursed for iwe, 505! § 1! their actual necessary expenses incurred in the performance §§ i,'6. ' of their duties. 1^10-2«2,§i; 1911, 466, § 1. 1913, 421, § 1. 1919, 5; 350, §§ 57, 58. 1912, 80, § 1. 1918, 257, § 168. 1920, 2. Section 4. The commissioner shall be the executive Certain and administrative head of the department. He shall commis°sLner. have charge of the administration and enforcement of all Jh'^depart-'^ laws, rules and regulations which it is the duty of the '^^q^-^^-; « ^ department to administer and enforce, and shall be chair- i9}o'282,' § i. p I 1 1 TT 1 11 • • 1 1 1911, 466, § 1.. man oi the board. He shall organize in the department a 1912, so, § 1. division of public libraries, a division of immigration and i9i8!257; Americanization, a division of the blind and such other i9i9^'5; 350;. divisions as he may determine. Each division shall be in i92o^'2^^72, charge of a director and shall be under the general super- vision of the commissioner. Section 5. Except as otherwise provided in this chap- Directors and ter, directors of divisions of the department shall be ap- assistants. pointed and may be removed by the commissioner, with JI3I; ||^' ^ ^• the approval of the board. The commissioner shall fix J^|^, 21^5, 1 3. the compensation of such directors, subject to the approval G- |^34, of the governor and council. Except in the case of the 1862,212. teachers' retirement board, the division of public libraries, i865;246. the division of the blind and institutions under the depart- is76; no! ment, the commissioner may appoint such agents, clerks ^^^-\l\ and other assistants as the work of the department may Jl^Jifs! require, may assign them to divisions, transfer and remove i895; 132. them and fix their compensation, but none of such em- 1901! 262! 10 LAWS RELATING TO EDUCATION. [Chap. 15. R. L. 39, §§3,4,9. 1904, 234. 1906. 505, § 1. 1909, 457, § 3. 1910, 282, § 1. 1911, 466, § 1. 1912, 80, § 1. 1913,421, § 1. 1915, 294, §§ 1, 2, 7. 1917,321, § 1. 1918, 257, § 168. 1919, 5; 350, §60. 1920, 2. Advisory council, etc., for university extension and correspondence courses. 1915, 294, §§2,4. 1919, 350. §§ 56, 58. State board for vocational education. 1921, 402. § 2. ployees shall have any direct or indirect pecuniary interest in the publication or sale of any text or school book, or article of school supply used in the public schools of the commonwealth. For the compensation of such agents, clerks and other assistants as it may employ, for con- ferences and conventions of teachers held under the direc- tion of the department, and for traveling and other necessary expenses incurred by the members and subordi- nates, the department may be allowed such sums as may annually be appropriated. Section 6. The commissioner, with the approval of the board, may appoint and define the functions of a state advisory council and local advisory councils in connection with university extension and correspondence courses, and with the approval of the governor and council may rent suitable offices. Section 6A. (As enacted by section 2, chapter 402, Acts of 1921.) The commissioner and the advisory board of education are hereby constituted and designated as the state board for vocational education to co-operate with the federal board for vocational education in the adminis- tration of the act of congress approved June second, nineteen hundred and twenty, entitled " An Act to provide for the promotion of vocational rehabilitation of persons disabled in industry and otherwise and their return to civil employment" and to secure for the commonwealth the benefits thereof. For the purpose of carrying out the provisions of section twenty-two A of chapter seventy- four the said state board for vocational education shall be furnished with suitable quarters in the state house and may expend for salaries and other necessary expenses such amount as shall annually be appropriated therefor by the general court, together with any funds received by the state treasurer from the federal government under the provisions of said act. Chapter 462, Acts of 1921, provides as follows: — An Act accepting the provisions of an act of congress relative to the promotion of vocational reh.\bilitat10n and providing for co-operation with the federal gov- ernment in relation thereto. Section 1. The commonwealth of Massachusetts hereby ac- cepts the provisions of the act of congress approved June second, nineteen hundred and twenty, entitled "An Act'to provide for the promotion of vocational rehabilitation of persons disabled in in- dustry and otherwise and their return to civil employment." Chap. 15.] DEPARTMENT OF EDUCATION. U DIVISION FOR THE TRAINING OF DISABLED SOLDIERS AND SAILORS. Section 7. The commissioner may estabhsh a division Division for to carry out the purposes of section thirty-nine of chapter of dfsaw^^ seventy-four, consisting of a director and an advisory sajfors^ ^"'^ board. Said board shall consist of the commissioner of §^\^'|^°' education, who shall be chairman, the chief surgeon of the ifi£'.350' land forces of the militia, the commissioner of public health, the commissioner of labor and industries, who shall be the executive secretary, the commissioner of mental diseases, the chairman of the industrial accident board and the supervisor of administration, ex officiis, and nine other persons who shall be appointed by the governor, with the advice and consent of the council, and shall serve without compensation. DIVISION OF PUBLIC LIBRARIES. Section 8. The division of public libraries shall con- Division of sist of the board of free public library commissioners, the mg'Vso.T'so^ chairman of which shall be the director of said division. Section 9. The board of free public library commis- Board of free sioners, in sections nine to eleven, inclusive, called the commissioners. library board, shall consist of five persons, residents of the J|^^| fjl' § ^• commonwealth, one of whom shall annually be appointed R. l.38, '§ii. by the governor, with the advice and consent of the council, for five years. The governor shall designate the chairman of the library board. Section 10. No member of the library board shall re- Commissioners ceive any compensation, but it may annually expend not wthoutpay. more than the amount appropriated for clerical assistance r. l! 38, § 12! and for other necessary expenses. iQis, 127. \l\^' ^^^ 1 1 Section 11. The library board, wdth the consent of the Agents of the governor and council, may appoint a general secretary 1910, 396. § 1. and adviser for not exceeding three years, whose salary \gU] 522! ^ ^' shall be paid from the appropriation authorized by the preceding section. The library board, with the consent of the governor and council, may also appoint an agent for not exceeding five years, at a salary to be fixed by it, and, with the consent of the governor and council, an agent or secretary to direct educational work for the benefit of the alien population of the commonwealth, at such salary as it may fix. The library board, by a majority vote of its members, may remove from office any person appointed under this section. 12 LAWS RELATING TO EDUCATION. [Chap. 15. DIVISION OF IMMIGEATION AND AMERICANIZATION. SmSratfon SECTION 12. (As amended hy chapter U9, Acts of cani^tion' 1921,) The division of immigration and Americanization 1919' 350 I 59 ^^^^^ consist of a director and an advisory board of six i92o; 72. ' ■ persons. Upon the expiration of the term of office of a director of the division, his successor shall be appointed for five years by the governor, with the advice and consent of the council. Two members of the advisory board shall be appointed annually for three years each, by the gover- nor, with like advice and consent. Said board shall meet at least once a month, and at such other times as it may determine by rule and when requested by the director or ty any three members. The director and members of said board shall receive no compensation for their services, but shall be reimbursed for their actual necessary expenses incurred in the performance of their duties. Division of the blind. 1919, 350, § 59. Commission for the blind. 1906, 385, §§ 1, 7. 1918, 266, §§ 1.2. Agents and teachers. 1906, 385, § 7. A918, 266, § 3. DIVISION OF THE BLIND. Section 13. The division of the blind shall consist of the commission for the blind. The director of said com- mission shall be the director of said division. Section 14. The commission for the blind shall consist of a director, at such salary, not exceeding thirty-five hun- dred dollars, as the governor and council determine, and five associate members, who shall serve without compen- sation. Upon the expiration of the term of office of a director, his successor shall be appointed for five years by the governor, with the advice and consent of the coun- cil. One associate member shall annually be appointed by the governor, with like advice and consent, for five years. Said director and associate members shall be reimbursed for expenses necessarily incurred in the performance of their duties. Section 15. The director, with the approval of the commission for the blind, may appoint, at such compensa- tion as he may fix, such agents, teachers and subordinate officers as said commission may deem necessary, and may remove them with the approval of said commission, but no person employed by him shall be a member thereof. Chap. 15.] DEPARTMENT OF EDUCATION. 13 teachers' retirement board. Section 16. The teachers' retirement board shall con- Teachers- sist of the commissioner of education, ex officio, a second board'"^''* member elected by the teachers' retirement association igii; Ho, | ei. established under section seven of chapter thirty-two from among their number, in a manner approved by said board, and a third chosen by the other two. Upon the expira- tion of the term of office of an elected member or in case of a vacancy in said office, his successor shall be elected for three years as aforesaid. Upon the expiration of the term of office of a third member or in case of a vacancy in said office, his successor shall be chosen by the other two and shall serve for one year. Section 17. The members of the retirement board Members to be shall serve without compensation, but they shall be reim- expenses, etc. bursed from the expense fund of the retirement association 1919', 350', § ei. for any expenditures or loss of salary or wages which they may incur through serving on said board. All claims for reimbursement on this account shall be subject to the ap- proval of the governor and council. Section 18. The retirement board may employ a clerical secretary, who shall give bond, and also necessary clerical igTa^ssI!' § 4. and other assistance. The salaries of such employees shall 1920; 54°; § l^' be fixed by said board. certain trustees and commissioners serving in the department. Section 19. The trustees of the Massachusetts Agri- Certain cultural College, the board of commissioners of the Massa- saving in the chusetts Nautical School, the trustees of the Bradford igig.'^ssorl 56. Durfee Textile School of Fall River, the trustees of the Lowell Textile School and the truj^tees of the New Bedford Textile School shall serve in the department. MASSACHUSETTS AGRICULTURAL COLLEGE. Section 20. There shall be a board of trustees of the Trustees. Massachusetts Agricultural College, consisting of the Siis! § i! governor, the commissioner of education, the commissioner HHi ^^^ |J- of agriculture and the president of the college, ex officiis, |^f|;^^^f/2. and not more than fourteen appointive members; pro- i9i9, 350, § 62. vided, that the appointive members in office on May thirty-first, nineteen hundred and eighteen, shall continue 14 LAWS RELATING TO EDUCATION. [Chap. 15. in oflBce until the expiration of their respective terms, unless sooner removed. Upon the expiration of the term of office of any appointive member, his successor shall be appointed for seven years by the governor, with the advice and consent of the council. The appointive mem- bers shall serve without compensation, but their personal and incidental expenses shall be paid as are those of trustees of other public institutions. Boards of trustees. 1895, 475, §§ 1-3. 1899, 299. §§ 1-3. 1901, 175, § 1. R. L. 125, §§ 20-22. 1905, 216. 1906, 275. 1918, 246, § 2; 248, § 2; 274, § 2. 1919, 350, §§ 56, 62. 165 Mass. 419. TEXTILE SCHOOLS. Section 21. There shall be boards of trustees for the Bradford Durfee Textile School of Fall River, for the New Bedford Textile School, and for the Lowell Textile School, each consisting of fifteen appointive members and the commissioner of education or a member of the advisorv board of education designated by him as an ex officio member, and the following additional members ex officiis: for the first and second boards above named, the mayor and superintendent of schools of Fall River and New Bed- ford, respectively; for the third board above named, the mayor of Lowell. LTpon the expiration of the term of office of an appointive member, his successor shall be appointed for three years by the governor, with the advice and consent of the council. Commissioners of Massa- chusetts nauti- cal school. 1891, 402, § 1. R. L. 45, § 1. 1913, 224, § 1. 1919, 350, § 56. Commissioners to serve with- out com- pensation. 1891, 402, § 2. R. L. 45, § 2. MASSACHUSETTS NAUTICAL SCHOOL. Section 22. There shall be a board of commissioners of the Massachusetts nautical school serving in the de- partment and consisting of three citizens of the common- wealth, one of whom shall annually before July first be appointed by the governor, with the advice and consent of the council, for three years from said day. Section 23. The coftimissioners shall serve without compensation, but shall be reimbursed for expenses actu- ally incurred in the performance of their official duties. Chap. 69.] DEPARTMENT OF EDUCATION. 15 CHAPTER ,69. POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION. Sect. general provisions. 1. Commissioner of education, duties. 2. Report of amounts spent for voca- tional schools. Annual report. 3. Educational trusts. 4. Statistics as to certain institutions. 5. Certification of high school teachers. 6. Department to receive applications for teachers' positions. 7. University extension and correspond- ence courses. 8. Use of school buildings therefor. 9. Education in use of English, etc. 10. Reimbursement of tow-ns by common- wealth. DIVISION OF IMMIGRATION AND AMERI- CANIZATION. 11. Education and protection of aliens. DIVISION OF THE BLIND. 12. Duties. Sect. 13. Aiding blind to find employment, etc. 14. Schools and workshops. 15. Support of workmen or workshops. 16. Sight saving classes for children. 17. Director's duties. 18. Duties of director. Rules. 19. Register of the blind. Reports to de- partment of public welfare, etc. 20. Persons with defective eyesight. 21. Tools and instruction for the blind, etc. 22. Pupils from other states. 23. Helping blind by lending books, etc. 24. Advances to director. 25. Articles produced by the blind to be used in public institutions. INSTRUCTION IN SCHOOLS FOR THE DEAF AND BLIND. 26. Certain deaf and blind persons may be sent to certain schools. 27. Supervision by department. GENERAL PROVISIONS. Section 1. The commissioner of education shall have supervision of all educational work supported in whole or in part by the commonwealth. He shall collect and dis- tribute information as to the condition and efficiency of the public schools and other means of popular education and the best methods of instruction; shall suggest im- provements in the present system of public schools to the general court; shall visit as often as practicable different parts of the commonwealth for the purpose of arousing and guiding public sentiment in relation to the practical interests of education; shall collect in his office such school books, apparatus, maps and charts as may be desirable; shall receive and arrange in his office the reports and returns of the school committees; and shall receive, pre- Commissioner of education, duties. 1837, 241, § 2. 1838, 159, § 1. 1842, 42. 1847, 183, § 1. 1849, 215, § 1. 1858, 61. G. S. 34. §§ 4-6. P. S. 41, §§ 5, 6. R. L. 39, §§ 2, 7, 8. 1904, 234, § 1. 1909, 457, § 3. 1910, 282. 1911,466. 1912, 80. 1913,421. 1918, 257, § 168. 1919, 5; 350, §§ 56-58. 16 LAWS RELATING TO EDUCATION. [Chap. 69. 1920, 2. 1 Op. A. G. 228, 233. Report of amounts spent for vocational schools. Annual report. 1837, 241, § 3. G. S. 34. § 3. P. S. 41, § 3. 1898, 496, § 13. R. L. 39, § 6. 1904, 234, § 1. 1906, 385, § 7; 505, § 5. 1909, 457, § 4. 1911,471, §§ 2, 10, 11. 1915, 294, § 5. 1918, 266, § 4. 1919, 292, § 17; 350, § 56. Educational trusts. 1850, 88. G. S. 34, § 2. P. S. 41, § 2. R. L. 39, § 5. 1919, 350, §§ 56-58. Statistics as to certain institu- tions. 1867, 123, §§ 1,2. P. S. 41, §§ 13, 14. R. L. 39, §§ 17, 18. 1919, 350, §§ 56-58. U. S. Rev. Sts. §516. serve or distribute the state documents relative to the pubHc school system. He shall give sufficient notice of and attend such meetings, conferences and conventions of teachers of public schools as may be held under his direction, and meetings of members of school committees and of friends of education generally, and shall collect information relative to the condition of the public schools, the performance of their duties by school committees, and the condition of the towns in regard to teachers, pupils, books, apparatus and methods of education. Section 2. On or before the first Wednesday of Janu- ary of each year the commissioner shall present to the general court a statement of amounts expended previous to September first preceding by counties, cities and towns for maintenance of approved county, local or district in- dependent vocational schools, or in payment of claims for tuition therein, for which such counties, cities and towns should be reimbursed under chapter seventy-four. He shall make an annual report containing a printed abstract of the returns of school committees under chapter seventy- two and of the schools in charge of the department, and a detailed report of the doings of the department, 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 regard to the most practicable means of improving and extend- ing it. The records of the doings of the department shall be open to public inspection. Section 3. The department of education, in this chapter called the department, may receive, in trust for the commonwealth, any grant or devise of land or any gift or bequest of personal property for educational pur- poses, and shall forthwith transfer the same to the state treasurer, who shall administer it as provided in section sixteen of chapter ten. Section 4. It shall prepare, with due reference to the requirements of the federal bureau of education, and annually, on or before May tenth, send to every literary, scientific or professional institution of learning in the com- monwealth, and every reform school or almshouse, blank forms of inquiry for such statistics as it may prescribe, relative to the number of pupils and instructors, courses of study, cost of tuition and the general condition of the institution or school. The trustees, officers or persons in Chap. 69.] DEPARTMENT OF EDUCATION. 17 charge thereof shall annually, on or before June first, return the same with the information required. Section 5. Subject to such conditions as it may pre- certification scribe, the department shall grant certificates to candidates tea^hi'rs^.°^°°' found qualified by examination or otherwise to teach in §§Y'|'^^' high schools aided by the commonwealth, as provided in Jf^l^fil*' sections five and fifteen of chapter seventy-one. Registration of Teachers. Section 6. The department shall receive applications Department to for the position of teacher from graduates of good moral caUon! for^^'' character of any high or normal school in this common- po'^s-t^ionl wealth, or of any other school deemed by the department J^°^' l^- to be of equal grade, or of any reputable college. Such Jgjg'goiyg an application shall contain the applicant's name and laio', 292,' § 6;' address, and, briefly, his experience and qualifications. 1926, is. The department, without charge, shall communicate with the various school committees and with the applicants themselves with a view to securing such positions. University Extension Courses. Section 7. The department may co-operate with ex- university isting institutions of learning in the establishment and corresponde"n1;e conduct of university extension and correspondence 59i5'®294, courses; may supervise the administration of all such fliHgo. courses supported in whole or in part by the common- §§ se-ss.' wealth; and also, where deemed advisable, may establish and conduct such courses for the benefit of residents of the commonwealth. It may, in accordance with rules and regulations established by it, grant to students satis- factorily completing such courses suitable certificates. Section 8. For the purposes of such courses, the use of school department may, with the consent of the school committee ti^erefof or other proper officials and subject to rules and regula- 11\q\ lll\ ^ ^■ tions by them prescribed, use the school or other public 5§ ^*^^^- buildings and grounds of a town, but without interference or inconsistency with their customary uses; also the nor- mal school buildings and grounds, and, with the consent of the officers in charge, other school buildings owned or controlled by the commonwealth. It may also arrange for the use of such other buildings, grounds and facilities, paying such rent therefor, as the conduct of such courses may require. 18 LAWS RELATING TO EDUCATION. [Chap. 69. Education in use of English, etc. 1919, 295, §§1-3; 350, §§ 56-58. Op. A. G. (1919) 102. Reimbursement of towns by common- wealth. 1919,295, § 2; 350, §§ 56-58. 1921, 484. Education in the Use of English. Section 9. The department, with the co-operation of any town applying therefor, may provide for such instruc- tion in the use of Enghsh for adults unable to speak, read or write the same, and in the fundamental principles of government and other subjects adapted to fit for American citizenship, as shall jointly be approved by the local school committee and the department. Schools and classes es- tablished therefor may be held in public school buildings, in industrial establishments or in such other places as may be approved in like manner. Teachers and supervisors employed therein by a town shall be chosen and their compensation fixed by the school committee, subject to the approval of the department. Section 10. {As amended by chajyter 484, Acts of 1931.) At the expiration of each school year, and on approval by the department, the commonwealth shall pay to every town providing such instruction in conjunction with the department, one half the amount expended for supervision and instruction by such town for said year. DIVISION OF IMMIGRATION AND AMERICANIZATION. Jrotectior'"'^ . Section 11._ The director of the division of immigra- ?L^i'^"^ s 9 tion and Americanization with the approval of the advisorv 191/, d^l, S^. Pin 1 1 1 " 1920 72°' ^ ^^' "^^^^ thereof shall employ such methods, consistent with law, as in its judgment, will tend to bring into sympathetic and mutually helpful relations the commonwealth and its residents of foreign origin, protect immigrants from ex- ploitation and abuse, stimulate their acquisition and mastery of English, develop their understanding of American government, institutions and ideals, and gener- ally promote their assimilation and naturalization. For the above purposes, the division may co-operate with other officers and departments of the commonwealth and with all public agencies, federal, state or municipal. It may investigate the exploitation or abuse of immigrants and in making any investigation may require the attend- ance and testimony of witnesses and the production of books and documents relating to the matter under in- vestigation. Chap. 69.] DEPARTMENT OF EDUCATION. 19 DIVISION OF THE BLIND. Section 12. The division of the bUnd shall make its Duties. own by-laws and adopt all necessary rules and regulations, igis! 266! § 4! and shall act in an advisory capacity with respect to the ^^^^' ^^°' ^ ^^" administration and execution of the laws by the director and shall visit all schools and workshops established under its authority. Section 13. The division shall act as a bureau of in- Aiding blind formation and industrial aid, the object of which shall be p°oymeX to aid the blind in finding employment and to develop 1906, sss, §3. home industries for them. ^^^^- ^^°' ^ ^^■ Section 14. The division may, with the approval of ^o^^glfQ^"^^ the governor and council, establish, equip and maintain, i906, 385, § 4. and may discontinue, schools for industrial training of 1919! 350; § 59. blind persons, and workshops for their employment. Section 15. The division may provide or pay for tem- support of , , . , , , » 1 worlcmen or porary lodgings and temporary support tor workmen or workshops. pupils received at any industrial school or workshop estab- §§5,'6. ''' lished by it, and may contribute to the support of pupils HH] |oi.' ^ ^^' from the commonwealth receiving instruction in institu- tions outside thereof. Section 16. Under the direction of the division, there sight saving may be expended annually ten thousand dollars to pro- ch^idrL!"^ vide sight saving classes for children certified by any lll%^'ig; reputable oculist, as fit subjects for instruction therein. With the approval of the division, local school committees may organize and conduct such classes. Section 17. The director shall be the executive head °^j[f°*°'''^ of the division, and all bills by it contracted shall be sub- i^i8.|66, §3.^ ject to his approval. He may act as the representative of the blind in all proceedings before any department, board or commission of the commonwealth or of any county, city or town therein. Section 18. The director shall administer the laws Dj?g*^^^j°^ relative to the blind and shall prepare rules and regula- R^ies.^^'^ ^ tions for consideration and adoption by the division. 1919; 350'. § 59. Section 19. He shall maintain a register of the blind fj^fl^^,*^^^^^ in the commonwealth, which shall describe their condition. Reports to ' • p J • J ■ J department ot cause of blindness and capacity tor education and indus- public welfare, trial training. The supervisor of the decennial census ?906, 385, § 2. shall aid him by furnishing, upon his request, the names, \l\l] HI] 1 1] addresses and such other facts concerning the blind as ^jf |g.^lo°,' s/. 20 LAWS RELATING TO EDUCATION. [Chap. 69. Persons with defective eyesight. ^ 1916, 160, § 2. 1918, 266, § 3. Tools and in- struction for the blind, etc 1902, 297. 1906, 385, §§3,4. 1916, 201, §§1,2. 1918, 55; 266, § 3. 1919, 15. Pupils from other states. 1906, 385, § 5. 1918, 266, § 3. Helping blind by lending books, etc. 1906, 385, § 6. 1918, 266, § 3. 1920, 201. Advances to director. 1907, 173. 1918, 266, § 3. 1919, 350, § 59. may be obtained in taking any such census. The depart- ment of pubHc welfare and the overseers of the poor shall aid the director by reporting whenever outdoor or indoor aid is granted to families in which there is a blind member, and the director shall report in turn to the said depart- ment and the said overseers any activity on his part in relation to blind persons who or whose families are known to be receiving or to have received public outdoor or in- door aid. Section 20. He may also register cases of persons whose eyesight is seriously defective or who are likely to become visually handicapped or blind, and to take such measures, in co-operation with other authorities, as he 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. Section 2L The director may provide for the instruc- tion of the adult blind at their homes and may furnish materials and tools to any blind person, and may assist such blind persons as are engaged in home industries in marketing their products. He may pay suitable wages to the employees of schools and workshops established under section fourteen and may devise means for the sale and distribution of the products of such schools and workshops. Section 22. He may receive in schools established by the division pupils from other states upon the payment of such fees as it may determine. Section 23. The director may ameliorate the condi- tion of the blind by devising means to facilitate the circu- lation of books, by promoting visits among the aged or helpless blind in their homes, by aiding individual blind persons with money or other assistance, or by any other method he may deem expedient; provided, that he shall not undertake the permanent support or maintenance of any blind person. Section 24. There may be advanced annually to the director from the state treasury, from the amount appro- priated for the maintenance of the industries established by the division, such sum as may be necessary, not exceed- ing five thousand dollars at one time, to be used as a working capital for said industries. Said sum when drawn from the treasury shall be deposited in a national bank Chap. 69.] DEPARTMENT OF EDUCATION. 21 or trust company to the credit of the director, who shall give a bond in such sum and with such sureties as the governor and council may approve. Section 25. (As amended by chapter 486, Acts of 1921.) Articles pro- The superintendent of buildings and officers in charge of blind to be uV state or other public institutions shall purchase articles or tut?oni."' ''^*'" supplies, other than products of prison labor, from the loiiislo; division of the blind; provided, that the division has the 192^^48^6, ^§^17 same for sale and that they were produced by persons under the supervision .of the division or in industrial schools or workshops under its supervision. INSTRUCTION IN SCHOOLS FOR THE DEAF AND BLIND. Section 26. The department may, upon the request Certain deaf of the parents or guardians and with the approval of the persons°may governor, send such deaf and such blind persons as it con- drtirn schools. siders proper subjects for education, for a term not exceed- Jles; 200! ^ ^' ing ten years, to the American School, at Hartford, for Jlyi'foo the Deaf, in the state of Connecticut, to the Clarke School PaJI- ^i § le. for the Deaf at Northampton, to the Horace Mann School i886;24i; 1887 1 7Q at Boston, to any other school for the deaf in the com- i888,'239! monwealth, as the parents or guardians may prefer, or to k^lIso^' the Perkins Institution and Massachusetts School for the i9i8^'257, Blind, as the case may be, and, upon like request and fg^g^'s- 350 with like approval, it may continue for a longer term the fLo^";^^' instruction of meritorious pupils recommended by the prin- 2^0p'. a. g. cipal or other chief officer of the school which they attend. With the approval of the governor the department may, at the expense of the commonwealth, make such provision for the care and education of children who are both deaf and blind as it may deem expedient. No such pupil shall be withdrawn from such institutions or schools except with the consent of the authorities thereof or of the de- partment; and the expenses of the instruction and support of such pupils therein, actually rendered or furnished, including their necessary traveling expenses, whether daily or otherwise, but not exceeding ordinary and reasonable compensation therefor, shall be paid by the common- wealth; but the parents or guardians of such children, who are able wholly or in part to provide for their support and care, shall, to the extent of their ability, reimburse the commonwealth therefor. 100. 22 LAWS RELATING TO EDUCATION. [Chap. 69. deplrTm^t..^^ Section 27. The department shall direct and super- p^s%Y ^^ If' ^'^^^ *^^ education of all such pupils, and the commissioner 1885, 118. shall state in his annual report their number, the cost of "R I 3Q §§20,21. their instruction and support, the manner in which the money appropriated by the commonwealth therefor has been expended, to what extent reimbursed, and such other information as he deems important. Reference. Prevention of blindness in infants, Chap. Ill, §§ 14, 110. Chap. 70.] SCHOOL FUNDS. 23 CHAPTER 70. SCHOOL FUNDS AND OTHER STATE AID FOR PUBLIC SCHOOLS. Sect. Part I. STATE AID FROM INCOME TAX. 1. Reimbursement from income tax to towns for certain .school salaries. 2. Reimbursement based on full time service of teachers, etc. 3. Reimbursement based on less than full time service. 4. Supplementary reimbursement. 5. Net average membership defined. 6. No reimbursement on account of sal- aries of teachers in state aided vo- cational schools, etc. 7. Returns by superintendents. Part II. SCHOOL FUNDS. 8. Massachusetts School Fund. 9. Commissioners of school fund. Sect. 10. Time of payment. Definitions. Distribution to towns with valuation less than five hundred thousand dollars. Distribution to towns with valuation less than one million dollars. Distribution to towns with valuation less than two million five hundred thousand dollars. Distribution of balance. Returns by superintendents. Payment conditioned on compliance with school laws. IS. Todd normal school fund. 11. 12. 13. 14. 15. 16. 17. Part I. STATE AID FROM INCOME TAX. Section 1. The state treasurer shall annually, on or before November fifteenth, pay to the several towns from the proceeds of the tax on incomes, which shall be avail- able therefor without appropriation, the sums required for the purposes of Part I of this chapter, as part reimburse- ment for salaries paid to teachers, supervisors, principals, assistant superintendents and superintendents for services in the public day schools rendered during the year ending the preceding June thirtieth. Section 2. (As amended by chapter ^20, Acts of 1921.) For each such person employed for full time service for the entire school year, such reimbursement shall be as follows: (1) Two hundred dollars for every person so employed who received as salary not less than nine hundred and fifty dollars and who is a graduate of an approved normal Reimbursement from income tax to towns for certain school salaries. 1919, 363, §§ 1,2. Op. A. G. (1920) 168. Reimbursement based on full time service of teachers, etc. 1919. 363, § 3. 1921, 420, § 1. 24 LAWS RELATING TO EDUCATION. [Chap. 70. school or college and had taught on full time at least two years previous to said year or whose preparation and teaching experience are accepted as equivalent. (2) One hundred and fifty dollars for every person so employed not included in paragraph (1) who received as salary not less than eight hundred and fifty dollars and (a) has satisfactorily completed one year of professional training in an approved normal school or teachers' train- ing school, and had taught on full time at least three years previous to Said year; or (b) is a graduate of an approved normal school or college, and had taught on full time for at least one year previous to said year; or (c) whose preparation and teaching experience are accepted as equivalent. (3) One hundred dollars for every person so employed and not included in paragraphs (1) or (2) who received as salary not less than seven hundred and fifty dollars. balS^onTi^s^"* Section 3. For every such person employed for less sefvii^^^*™^ than full time service for the school year, but otherwise 1919, 363, § 4. described in the preceding section and receiving a propor- tionate salary, said reimbursement shall in each case be in such proportion to the reimbursement provided for in said section as his service bears to full time service. No town in a superintendency union shall receive under this chapter reimbursement for the part time employment of a superintendent if entitled to reimbursement therefor under section sixty-five of chapter seventy-one. fdmbrslment. SECTION 4. (^1* amended by chapter 420, Acts of 1921.) i92i; 420, 1 i: Every town whose valuation, including omitted assess- ments, for the year next preceding the date of payment, when divided by the net average membership of its public day schools as defined in section five for the year ending on the next preceding June thirtieth, yields a quotient less than forty-five hundred dollars shall, for each person for whom it received reimbursement under section two, receive supplementary reimbursement as follows: (1) Three hundred and fifty dollars if said quotient is less than two thousand. (2) Three hundred dollars if said quotient is less than twenty-five hundred but not less than two thousand. (3) Two hundred and fifty dollars if said quotient is less than three thousand but not less than twenty-five hundred. Chap. 70.] SCHOOL FUNDS. 25 (4) Two hundred dollars if said quotient is less than thirty-five hundred but not less than three thousand. (5) One hundred and fifty dollars if said quotient is less than four thousand but not less than thirty-five hundred. (6) One hundred dollars if said quotient is less than forty-five hundred but not less than four thousand. For each person for whom any such town received pro- portionate reimbursement under section three it shall in each case receive as supplementary reimbursement the same proportion of the sums named herein for full time service. Section 5. For the purposes of section four the net Net average average membership of the public day schools of a town defined. for any school year shall be the average membership for - • • such year as shown by the school registers, increased by the number of pupils resident therein whose tuition in the public schools of another town, for not less than half such year, the town has paid, decreased by the number of non- resident pupils attending its schools for not less than half such year. Section 6. No town shall be entitled to reimburse- No reimburse- ment under Part I of this chapter on account of salaries count of paid to teachers whose employment in state aided voca- teachMs°in tional schools or departments, continuation schools or vo^cl\fonaf Americanization classes entitle the town to state reim- 11*19° ael* § 7. bursement. For every teacher in a practice school con- nected with a state normal school, part or all of whose salary is paid or reimbursed by the commonwealth, the town's reimbursement under this chapter shall be pro- portionate to the part thereof paid by it. Section 7. Every superintendent of schools shall file Returns by with the commissioner of education, not later than August tendents. first in each year, a sworn statement, upon blanks pre- '" ' pared by the commissioner, containing the data necessary to determine the amounts payable under Part I of this chapter. Before filing such statement, the superintendent shall submit it to the chairman of the school committee, who shall countersign it on oath, if, after examination, he finds it correct. The commissioner shall cause such state- ments to be examined, and shall transmit them to the state treasurer, wuth a tabulation showing the amount due each town. 26 LAWS RELATING TO EDUCATION. [Chap. 70. Part II. Massachusetts School Fund. 1834, 169, § 1. R. S. 11, § 13. 1854, 333. G.S. 36, § 1. P. S. 43, § 1. 1890, 335, § 1. R. L. 41, § 1. Commissioners of school fund. 1834. 169, § 2. R. S. 11, § 14. G.S. 36. § 1. 1866. 53. P. S. 43, § 2. 1890, 335, § 2. R. L. 41, § 3. Time of payment. R. S. 23, §§66 i, 67. 1846. 223, § 5. 1849, 117. §§2, 3. G.S. 36. § 3. 1867, 98. Definitions. 1919, , 363. § 10, 1921, , 420, § 3. SCHOOL FUNDS. Section 8. The present school fund of the common- wealth, with future additions, and all funds received by the commonwealth from the federal government, the dis- position of which is not otherwise provided for, shall con- stitute a permanent fund, to be called the "Massachusetts School Fund". The principal thereof shall not be dimin- ished, and the income shall be disbursed as hereinafter provided. Section 9. The commissioner of education and the state treasurer shall be commissioners to invest and man- age the fund, and shall make an annual report of the con- dition and income thereof. All investments shall be made with the approval of the governor and council. 1919, 350. §§ 56-58. Section 10. The accrued income of said fund on De- cember thirty-first annually shall be apportioned by the commissioners thereof, as provided in Part II of this chapter and paid to the towns entitled on the following March tenth. p. s. 43. § 4. r. l. 41, § 5. 1903, 456, § 2. 1918, 186. § 2. 1919, 363. §§ 9. 16. Section 11. (As amended by chapter 4^0, Acts of 1921.) For the purposes of Part II of this chapter, the following word and phrase shall be defined as follows: — "Valuation" shall mean the town's valuation, as deter- mined by the last preceding assessors' valuation, exclusive of omitted assessments. "Assured minimum" shall mean the amount by which the sum of the following items for the last preceding town fiscal year exceeded the amount received by the town dur- ing said year under Part I and for the tuition of non- resident pupils, including state wards; (1) Salaries paid to full time principals and teachers, not including any amounts by which any such salary was at a rate in excess of nine hundred and fifty dollars. (2) Two hundred and fifty dollars for each teaching position held by a full time principal or teacher. (3) Expenditures for transportation of pupils to the local schools. (4) Expenditures for the tuition in, and transportation to, public elementary schools in adjoining towns. Chap. 70.] SCHOOL FUNDS. 27 (5) In the case of towns having over five hundred famihes and exempted from the requirement of maintain- ing a four year high school, the actual expenditures made during that year for tuition in high schools in other towns. In computing the "assured minimum", expenditures for state aided vocational or continuation schools or American- ization classes shall not be included. Section 12. A town of less than five hundred thou- Distribution sand dollars valuation shall receive one half of its assured valuation less minimum if said minimum exceeds the sum that would hundred^ thou- have accrued therein from a tax of ten dollars per thou- i835,'i°38?'§'2. sand dollars valuation. If said minimum is less than the fgsl'lob^^^' proceeds of such a tax, but more than would have been fUg'lg .g the proceeds of a tax of five dollars per thousand, the Gi.s.'36,'§2. town shall receive the amount by which said minimum iseei 208;i i! exceeds the proceeds of such a five dollar tax. i87o;45. ' p. S. 43, § 3. 1893, 272. 1918, 186, § 1. 1884, 22. R. L. 41, § 4. 1919, 363, §§ 11, 16. 1891, 177. 1903, 456, § 1. Section 13. A town of less than one million dollars, Distribution to but not less than five hundred thousand dollars, valua- valuation less tion, shall be allotted one third of its assured minimum Son^doiiars. if said minimum exceeds the sum that would have ac- K^|;2|,^§l7; crued therein from a tax of seven and one half dollars per |§^|'|°°' thousand dollars valuation. If said minimum is less than }f^^'^Q'l^- the proceeds of such a tax, but more than would have ises, 142, § 1. been the proceeds of a tax of five dollars per thousand, 1869; 168! the town shall be allotted the amount by which said IHI] tth. § 1. minimum exceeds the proceeds of such a five dollar tax. fs^^t^i^^' Said allotments shall be paid in full if their sum does not J|(^^;272: exceed the amount available after making the payments fyQ^'|^|3^s^i provided for by the preceding section, otherwise they 19 is! ise! § i.' shall be proportionally reduced and paid. §§ 12, le.' Section 14. A town of less than two million five hun- Distribution dred thousand dollars, but not less than one million valuation less dollars, valuation, shall be allotted one half the amount maHon'^five by which its assured minimum exceeds the amount that t^o^usa^nd would have accrued therein from a tax of five dollars per ^"^'f^^gg, § 0. thousand dollars valuation. If the total allotment under fg^'|^.Q§67.' this section exceeds the amount available after the distri- §§2,' 3.^ ' bution provided for by the two preceding sections, the g.V 36,' § 2.' state treasurer shall add to said amount, from the pro- HH] 20!; 1 1. ceeds of the income tax, without appropriation, the \l%i\f- amount required, but not exceeding two hundred thou- Ji^^^f^^g^^^ |/- sand dollars in any one year. If said addition does not {isf 2i 28 LAWS RELATING TO EDUCATION. [Chap. 70. 1893, R. L. 1903, 272. 41, §4. 456, § 1. Distribution of balance. 1858, 96, § 2. G. S. 36, § 2. 1866, 208, § 1. 1869, 168. 1870, 45. 1874, 348, § 2, P. S. 43, § 3. Returns by superintend- ents. 1903, 456, § 3. 1919, 363, §§ 15, 16. Payment con- ditioned on compliance with school laws. 1834, 169, § 3. 1835, 138, § 1. permit the payment of said allotments in full, they shall be proportionally reduced and paid. 1918, 186, § 1. 1919, 363, §§ 13, 16. 2 Op. A. G. 240. Section 15. If in any year there is a balance from the income of said fund after the distribution provided for by the three preceding sections, the same shall be divided among all towns receiving payments thereunder in pro- portion to said payments. 1884, 22. 1891, 177. 1893, 272. R. L. 41, § 4. 1903, 456, § 1. 1918, 186, § 1. 1919, 363, §§ 14, 16. Section 16. Every superintendent of schools shall annually, not later than February first, file with the commissioner of education, upon blanks prepared by the commissioner, a sworn statement, containing data neces- sary to determine the amounts payable under Part II of this chapter. Failure to file the same by February fifteenth shall cause the town to forfeit its share of the income ac- crued during the preceding year. Before filing such state- ment, the superintendent shall submit it to the chairman of the school committee, who shall countersign it on oath, if, after examination, he finds it correct. The commis- sioner shall cause such statements to be examined, and shall transmit them to the state treasurer, with a tabula- tion showing the amount due each town. Section 17. No town shall receive any payment under Part II of this chapter, unless it has complied, to the satis- faction of the department of education, with all laws relat- ing to the public schools. R. S. 23, § 66. G. S. 36, § 3. 1865, 142, § 1. 1866, 208, § 2. 1878, 234, § 1. P. S. 43, § 5. R. L. 41, § 6. 1904, 107, § 1. 1913, 340. 1918, 257, § 173. 1919, 5; 350, § 56; - 363, § 16. 1920, 2. 1 Op. A. G. 517. Todd normal school fund. 1850, 63. G. 8. 36, § 7. 1862, 83, § 1. P. S. 43, § 9. R. L. 41, § 8. 1919, 350, § 56. Section 18. The income of the Todd Fund shall be paid to the department of education, and applied by it to specific objects, in connection with the normal schools, not provided for by appropriation. Chap. 71.] PUBLIC SCHOOLS. 29 CHAPTER 71. PUBLIC SCHOOLS. Sect. subjects of 8tudt. 1. Maintenance of public schools. 2. Teaching of American history and civics. 3. Military drill, gymnastics, etc. HIGH SCHOOLS. 4. Certain towns to maintain high schools. 5. State reimbursement of small towns maintaining high schools. 6. Provisions for towns not maintaining high schools. 7. State reimbursement to small towns for transportation of high school pupils. 8. State reimbursement to small towns for tuition of high school pupils. 9. Certain towns to receive no reim- bursement. 10. State reimbursement to small towns for tuition of physically disabled pupils. 11. High school defined for purposes of state reimbursement. 12. Teachers in certain high schools to hold certificates. 13. Commercial Spanish in high schools. 14. High school districts. 15. State reimbursement of towns in high school districts. UNION SCHOOLS. 16. Union schools. MANUAL TRAINING AND HOUSEHOLD ARTS. 17. Teaching of manual training and household arts. EVENING SCHOOLS. 18. Evening schools. 19. Evening high schools. 20. Notices as to evening schools. Fee for instruction. CONTINUATION SCHOOLS. 21. Continuation schools. 22. Compulsory attendance at continu- ation schools. 23. Utilization of existing educational facilities. Sect. 24. State reimbursement for continuation schools. 25. Minors working elsewhere than in town of residence temporarily un- employed. 26. Penalty on town neglecting to raise funds for continuation schools. MISCELLANEOUS PROVISIONS. 27. Free lectures. 28. Vacation schools. 29. Female assistants. 30. Duty of instructors in colleges, etc. 31. Bible to be read in schools. 32. Observance of Memorial Day. 33. Vivisection and dissection regulated. 34. Forfeiture for town's neglect to raise money for schools. SCHOOL COMMITTEES. 35. Commencement of term. 36. Secretary. Records. 37. Duties of school committee. Committee to contract with teachers. Inquiry as to religion or politics of candidates for teachers forbidden. Minimum salary for teachers. Tenure of teachers. 42. Discharge of teachers. 43. Reduction of salary. 44. Teachers not to be restricted in the exercise of certain rights. Fees for procuring teachers' positions regulated. Instruction of mentally retarded chil- dren. Committee may supervise athletic and other school organizations. 48. Textbooks and supplies to be pro- vided. 49. Purchase of textbooks by pupils. 50. Change of school books. 51. Exhibition of school work at exposi- tions. 52. Compensation of committee. Mem- bers ineligible to serve as teacher, superintendent, etc. 53. School physicians and nurses. 53A. School physicians and nurses in superintendency unions or dis- tricts. 53B. Towns exempted from appointment of school physicians and nurses. 38. 39. 40. 41. 45. 46. 47. 30 LAWS RELATING TO EDUCATION. [Chap. 71. Sect. 54. Physical examination of pupils, teachers and janitors. 55. Examination of certain pupils. 66. Parent or guardian to be notified of disease, etc. 57. Testing as to defective sight, etc. 58. Department to furnish test cards, blanks, etc. 69. Superintendent of schools. Election and duties. 60. District superintendent. 61. Union of towns for employment of su- perintendent. 62. Formation or readjustment of unions by department. 63. Joint committee. Organization and duties. Sect. 64. Salary of union superintendent. 65. State aid to unions. 66. Qualifications of superintendents in state aided unions. 67. Superintendents forbidden to receive pay for obtaining positions. 8CHOOLHOU8ES. 68. Towns to maintain schoolhouses. 69. Flags, provision for, and display. 70. Situation of schoolhouses. 71. Public use of school property. 72. Sale of lunches to pupils and teachers. 73. Closing of school for teachers' meet- ings. 74. School funds of corporations not affected. Maintenance of public schools. 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, § 1. 1858, 5. 1859, 263. G. S. 38, § 1. 1862, 7. 1870, 248, § 1. 1876, 3, § 1. P.KS. 44, § 1. 1884, 69. 1885, 332. 1894,231; 320, § 1. 1898, 496, § 1. 1900, 218. R. L. 42, § 1. 1908, 181. 1910, 524. 1911,247. 1917, 169. 1918, 257, § 174. 1919,5; 350, § 56. 1920, 2. 1921, 360. 10 Met. 508. 196 Mass. 309. Teaching of American history and civics. 1920, 411. Op. A. G. (1920) 196. Military drill, gymnastics, etc 1826, 143, § 7. SUBJECTS OF STUDY. Section 1. (As amended by chapter 360, Acts of 1921.) Every town shall maintain, for at least one hundred and sixty days in each school year unless specifically exempted as to any one year by the department of educa- tion, in this chapter called the department, a sufficient number of schools for the instruction of all children who may legally attend a public school therein. Such schools shall be taught by teachers of competent ability and good morals, and shall give instruction and training in orthog- raphy, reading, writing, the English language and grammar, geography, arithmetic, drawing, the history of the LTnited States, the duties of citizenship, physiology and hygiene, good behavior, indoor and outdoor games and athletic exercise. In connection with physiology and hygiene, instruction as to the effects of alcoholic drinks and of stimulants and narcotics on the human system, and as to tuberculosis and its prevention, shall be given to all pupils in all schools under public control, except schools maintained solely for instruction in particular branches. Such other subjects as the school committee considers expedient may be taught in the public schools. 1 Op. A. G. 576, 577. Op. A. G. (1920) 40. Section 2. In all public elementary and high schools American history and civics shall be taught as required subjects for the purpose of promoting civic service and a greater knowledge thereof, and of fitting the pupils, morally and intellectually, for the duties of citizenship. Section 3. The exercises in the public schools may include calisthenics, gymnastics and military drill; but Chap. 71.] PUBLIC SCHOOLS. 31 no pupil shall be required to take part in any military r. s. 23, § 17. exercise if his parent or guardian is of any religious denom- istI.SH^' ination conscientiously opposed to bearing arms, or is r s:'44^^§ L^' himself so opposed, and the school committee is so notified {^i^aoi^*^*" in writing; or if a physician of good standing certifies in i9io!292;§7. writing that in his opinion such exercises would be in- jurious to the pupil. HIGH SCHOOLS. Section 4. Every town containing, according to the Certain towns latest census, state or national, five hundred families or wgh schoX householders, shall, unless specifically exempted by the \lll\ \l\^ ^■ department and under conditions defined by it, maintain r^I'sI^sV' a high school, adequately equipped, which shall be kept 1850,274. by a principal and such assistants as may be needed, of 1857! 200! § 2. competent ability and good morals, who shall give instruc- 1868,226 ' tion in such subjects as the school committee considers ]il8,t^96! §2. expedient. One or more courses of study, at least four fgu.th^^' years in length, shall be maintained in such high school l^lf^^^^' and it shall be kept open for the benefit of all the inhabit- i9i9,'5. ants of the town for at least one hundred and eighty days, le Mass. ui. exclusive of vacations, in each school year. Each high 1 Op. a^g. 319. school maintained by a town required to belong to a (1918)39. superintendency union shall be conducted in accordance with standards of organization, equipment and instruction approved from time to time by the department. Section 5. If a town of less than five hundred families state reim- or householders, according to such census, maintains a smanTo^s° public high school, it shall, subject to section nine, be hlgifsXoil reimbursed annually by the commonwealth, a sum, not }goi;loo; exceeding twelve hundred and fifty dollars, determined as flog- 427 follows: for a principal and for each teacher devoting full 1911,' 537. • . 1918 198 time to said school, two hundred and fifty dollars; for a §§2,'8. principal and for each teacher devoting part time thereto a part of two hundred and fifty dollars proportional to the amount of time so devoted. But no town shall receive any such reimbursement unless its high school is approved by the department. Section 6. (As amended hy chayter 296, Acts 0/ fj°;t'no^ ^*"" 1921.) If a town of less than five hundred families or }^i^|f*Xoi!. householders, according to such census, does not main- i89i, 203. ^ tain a public high school offering four years of instruction, 1898! 490' 1 3! it shall pay the tuition of any pupil who resides therein 1902; 433. and obtains from its school committee a certificate to l9}3;3b6; attend a high school of another town included in the list §§^|;8^^' 1921,296, § 1. 32 LAWS RELATING TO EDUCATION. [Chap. 7L State reim- bursement to small towns for transporta- tion of high school pupils. 1913, 396. 1918, 198, §§ 4, 8. 1921, 296, § 2. State reim- bursement to small towns for tuition of high school pupils. 1895, 212 of high schools approved for this purpose by the depart- ment. Such a town shall also, through its school com- mittee, provide, when necessary, for the transportation of such a pupil at cost up to forty cents for each day of actual attendance, and it may expend more than said amount. The department shall approve the high schools which may be attended by such pupils, and it may, for this purpose, approve a public high school in an adjoining state. Whenever, in the judgment of the department, it is expedient that such a pupil should board in the town of attendance, the town of residence may, through its school committee, pay toward such board, in lieu of trans- portation, such sum as the said committee may fix. If the school committee refuses to issue a certificate as aforesaid, application may be made to the department, which, if it finds that the educational needs of the pupil in question are not reasonably provided for, may issue a certificate having the same force and effect as if issued by the said committee. The application shall be filed with the superintendent of schools of the town of residence, and by him transmitted forthwith to the department with a report of the facts relative thereto. Section 7. (As amended by Chayter 296, Acts cf 1921.) If the expenditure per thousand dollars valuation from the proceeds of local taxation for the support of public schools, made by any town of less than five hun- dred families or householders for the three town fiscal years preceding any school year, averaged more than four and not more than five dollars, the commonwealth shall reimburse the town for one half the amount paid by it during said school year for transportation or board in accordance with the preceding section. If said average was more than five and not more than six dollars, the reimbursement shall be for three fourths of said amount, or if said average was more than six dollars, the reimburse- ment shall be for the entire sum. Such reimbursement shall not be based on the excess of any amount above forty cents for each day of actual attendance of any pupil, and all expenditures for which reimbursement is claimed shall be subject to approval by the department. Section 8. If the valuation of a town of less than five hundred families or householders for its fiscal year pre- ceding any school year does not exceed five hundred thou- sand dollars, the commonwealth shall reimburse it, subject Chap. 71.] PUBLIC SCHOOLS. 33 to the following section, for the whole amount paid by it ^^l- \l\^ ^■ for such school year for tuition under section six; if said 1902; 433. valuation exceeds five hundred thousand dollars but not lois! igs! one million dollars, the reimbursement shall be for three iop'.a.g.427 fourths of said amount; and if said valuation exceeds one fs^."^*^' million dollars, the reimbursement shall be one half of said amount. Section 9. No town shall receive any reimbursement Certain towns for a school year under sections five and eight if its valua- reimburet°° tion for its fiscal year preceding said school year, divided i902%33. by the net average membership of its public schools as \ln', 537! ^ ^' defined by section five of chapter seventy for the school sf^f's^^' year preceding the year for which reimbursement is claimed, exceeds the corresponding quotient for the com- monwealth. Section 10. If the school committee of a town of less state reim- than five hundred families or householders not maintain- smauTowns" ing a public high school offering four years of instruction, XsSydfs- pays, with the approval of the department, for the in- igls!^'^^?. struction of a pupil who by reason of physical disability is unable to attend a high school in another towm, the com- monwealth shall reimburse the town therefor under the same conditions and to the same amount as for tuition in such a high school, and for transportation thereto, but not exceeding one hundred dollars a year in lieu of tuition plus one dollar and fifty cents per week of actual instruc- tion in lieu of transportation. Section 11. For the purposes of the six preceding High school sections, a "high school" is defined as that part of the purposes°Jf school system which furnishes instruction in addition to buraement'. that offered in the first eight grades and other than voca- ^^^^' ^^^' ^^^■ tional instruction directly aided by the commonwealth. Section 12. No person shall be eligible to teach in a xeachersin high school on account of which reimbursement is made school" to^ by the commonwealth under section five who does not cates!^^'^'"''' hold a high school teacher's certificate issued by the de- i9ii.375, §1. partment as provided in section five of chapter sixty- nine. Section 13. In every public high school having not s°^^h7n^' less than one hundred and fifty pupils and offering a com- ji^,^ ^SqS°'^- mercial course of study, commercial Spanish shall be taught upon the written request of the parents or guard- ians of not less than twenty pupils and the enrolment of not less than twenty properly qualified pupils, provided 34 LAWS RELATING TO EDUCATION. [Chap. 7L High school districts. 1848, 279, §§ 1-4. G. S. 38, §§ 3-6. P. S. 44, §§ 3-6. R. L. 42. §§4-7. 1918, 257, §§ 176, 177. 1919, 5; 292, § 1. 1920, 2. State reim- bursement of towns in high school districts. 1918, 257, § 178. 1919, 5. 1920, 2. said request is made, and said enrolment is completed, before the preceding August first. Section 14. Two or more towns may vote to form a union high school district, subject to the approval of the department, for the purpose of establishing and main- taining a union high school. The management and con- trol of such school shall be vested in a committee, with all the powers of school committees, composed of one member elected by and from the school committee of each constituent town. The committee shall, with the approval of the department, determine the situation of the school- house. The proportion payable by each town for the erection and maintenance of a permanent schoolhouse and for the support of the school, including the transportation of pupils to such school when necessary, unless otherwise agreed, shall be according to its proportion of the county tax. Section 15. Every town where a union high school is situated shall be reimbursed by the commonwealth for the sums contributed to the support of such school tQ the same amount and under the same conditions as if said sums had been expended to maintain a local high school. Each other participating town shall so be reimbursed to the same amount and under the same conditions as if its contribution had been expended for the tuition of its pupils in another town. Union schools. 1868, 278. P. S. 44, §§10, U. R. L. 42, § 8. 1919, 292, § 2. 103 Mass. 99. UNION SCHOOLS. Section 16. Two or more towns may severally vote to establish union schools for the accommodation of such contiguous portions of each as may be agreed upon. The management and control of such schools, the situation of the schoolhouses therefor, and the apportionment of the expenses of erecting such schoolhouses and of the support and maintenance of said schools, and of all expenditures incident to the same, shall be determined by the school committees of the participating towns. Teaching of manual training and household arts. 1894, 471. 1898, 496, § 4. R. L. 42, § 9. MANUAL TRAINING AND HOUSEHOLD ARTS. Section 17. Every town of twenty thousand inhabit- ants shall maintain the teaching of manual training and household arts as part of both its elementary and its high school program of studies. i9i9, 292, § 3. Chap. 71.] PUBLIC SCHOOLS. 35 EVENING SCHOOLS. Section 18. Any town may, and every town in which Evening there are issued during any year certificates authorizing i87o°248, § 2. the employment of twenty or more persons who do not r8l3,'\'74! § 1 possess the educational qualifications enumerated in sec- i^^^!^*^'.^,? • i"! • 111 ..„ a. L. 42, § 11. tion one 01 chapter seventy-six, shall maintain for not isi^. 590. less than forty evenings during the following school year § 179. an evening school or schools for the instruction of persons 1920! 2^ over fourteen years of age in orthography, reading, writ- ing, the English language and grammar, geography, arithmetic, industrial drawing, both free hand and me- chanical, the history of the United States, physiology and hygiene and good behavior. Such other subjects may be taught as the school committee considers expedient. Section 19. Every city of fifty thousand inhabitants Evening high shall maintain annually an evening high school, in which i886?236, §1. shall be taught such subjects as the school committee k^l!42^§\2! considers expedient, if fifty or more residents, fourteen years or over, competent in the opinion of the committee to pursue high school studies, shall petition in writing for an evening high school and certify that they desire to attend. Section 20. The school committee shall, two weeks Notices as to , 1 e ,1 • p 1. j>j1 • evening schools. next berore the opening or each term or the evening Fee for schools, post in three or more public places in the town i887"433,''§ 4. notice of the situation of said schools, the date of the fgi^; H^^ ^^^ beginning of the term, the evenings of the week on which they will be in session, such regulations as to attendance as it deems proper, and the provisions of section ninety- five of chapter one hundred and forty-nine. It may re- quire from each student, not bound by law to attend, an advance payment not exceeding one dollar, which may, at its discretion, be paid into the town treasury to be credited to the school appropriation, or be returned wholly or in part at such time and under such conditions as the committee determines. continuation schools. Section 21. Every town which has accepted chapter Continuation three hundred and eleven of the General Acts of nineteen i9i3?86r>, § 1. hundred and nineteen, and in which, in any year, two ds^*!;!^^' ^ ^' hundred or more minors under sixteen are employed not (1^20)"^6s. 36 LAWS RELATING TO EDUCATION. [Chap. 7L Compulsory attendance at continuation Bchools. 1913, 805, § 1. 1919,311. § 1, els. 2, 3. Op. A. G. (1920) 168. Utilization of existing educational facilities. 1919,311, § 1, cl. 4. State reim- bursement for continuation schools. 1913, 805, §§ 2, 3. 1919,311, § 2. Minors work- ing elsewhere than in town of residence temporarily less than six hours per day by authority of employment certificates or home permits described in section one of chapter seventy-six, exclusive of minors employed only during vacations, shall, and any other town which has accepted said chapter, may, through its school committee, local board of trustees for vocational education, or both, establish at the beginning of the next school year and maintain continuation schools or courses of instruction for the education of such minors, and for such others as may be required to attend under section twenty-five. The said schools or courses shall be in session the same number of weeks in each year as the local high schools, and the sessions shall be between the hours of eight in the morn- ing and five in the afternoon of any working days except Saturday. Section 22. Every minor described in the preceding section shall, subject to the laws relating to the public schools, attend said schools or courses in the town of his employment for not less than four hours per week; but the attendance of minors who have been required to attend continuation schools, and are temporarily out of employment or business, shall be for not less than twenty hours per w^eek, if said schools or coursefs are so long in session. Instruction in the regular schools may and upon application of the parent or guardian shall be accepted as equivalent to that required by this section and section twenty-five. Section 23. In the establishment and conduct of said schools or courses, a town may take advantage of estab- lished educational agencies, and may utilize any suitable quarters approved by the department; but, when estab- lished, the said schools or courses shall be a part of the public school system of the town. Section 24. Towns maintaining such schools or courses as are approved by the department as to organ- ization, control, situation, equipment, courses of study, qualifications of teachers, methods of instruction, condi- tions of admission, employment of pupils and expendi- tures of money, shall be reimbursed by the commonwealth for one half the sum raised by local taxation and expended for their maintenance. Section 25. Any minor under sixteen w^ho has been regularly employed in a town other than that of his resi- dence, and who is temporarily unemployed, may be re- Chap. 71.] PUBLIC SCHOOLS. 37 quired, under conditions approved by the department, to unemployed. attend a continuation school or course in the town of his iQioilii;^*' residence. ^ ^' "'• ^■ Section 26. A town required by section twenty-one Penalty on to estabhsh and to maintain continuation schools or toTai°e^finds"^ courses which refuses or neglects to appropriate money [°m echoX' necessary therefor, shall forfeit from funds due it from ^^^^' ^^^' ^ ^■ the commonwealth a sum equal to twice that estimated by the department as necessary properly to provide for the same. A sum equal to three fifths of such forfeiture shall be paid by the state treasurer to the school commit- tee of the delinquent town, and the committee shall ex- pend the same for such establishment and maintenance to the same extent as if it had been regularly appropriated by the town therefor. MISCELLANEOUS PROVISIONS. Section 27. The school committee may employ com- Free lectures. petent persons to deliver lectures on the natural sciences, 1900, lel 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 contained in the local public libraries. Section 28. The school committee may establish and vacation maintain schools to be kept open for the whole or any 1899,246. . R. I 42 € 1 5 part of the summer vacation; but attendance thereon ■ ■ ' shall not be compulsory or be considered as a part of the school attendance required by law. Section 29. In every public school having a member- Female ship of fifty pupils or more, one or more female assistants f|39^56f§ 1. shall be employed unless the town votes otherwise. ^- ®- ^^' § ^• p. S. 44, § 14. R. L. 42, § 17. Moral Instruction. Section 30. The president, professors and tutors of Duty of in- 1 • • /^I'l i(»i 111 structors m the university at Cambridge and or the several colleges, colleges, etc. all preceptors and teachers of academies and all other in- 1789, 19, '§ 4. ' structors of youth shall exert their best endeavors to im- r.s.'23, §7. ' press on the minds of children and youth committed to p.l.lf.'lis' their care and instruction the principles of piety and jus- f2Aiitn'i tice and a sacred regard for truth, love of their country, humanity and universal benevolence, sobriety, industry and frugality, chastity, moderation and temperance, and 18. 127. 38 LAWS RELATING TO EDUCATION. [Chap. 7L 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. R. L. 42, § 19. 12 Allen, 127. those other virtues which are the ornament of human society and the basis upon which a repubhcan constitu- tion is founded; and they shall endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues to preserve and perfect a republican constitution and secure the blessings of liberty as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. Section 3L 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 from any particu- lar version, or to take any personal part in the reading. The school committee shall not purchase or use in the public schools school books favoring the tenets of any particular religious sect. Observance of Memorial Day. 1890, 111. R. L. 42, § 20. Memorial Day. Section 32. In all the public schools the last regular session, or a portion thereof, prior to May thirtieth, known as Memorial Day, shall be devoted to patriotic exercises. Vivisection and dissection regulated. 1894, 151. R. L. 42, § 21. Forfeiture for town's neglect to raise money for schools. C. L. 137; 305. 1692-3, 26, § 5. 1701-2, 10, § 1. 1718-19, 2. 1789, 19, §§ 6, 7. 1826, 143, §§ 4, 10, 19. 1829, 116. Vivisection and Dissection. Section 33. No person shall, in the presence of a pupil in any public school, practice vivisection, or exhibit a vivisected animal. Dissection of dead animals or any portions thereof in such schools shall be confined to the class room and to the presence of pupils engaged in the study to be promoted thereby, and shall in no case be for the purpose of exhibition. Violation of this section shall be punished by a fine of not less than ten nor more than fifty dollars. Suyport of Public Schools. Section 34. Towns shall raise by taxation money necessary for the support of public schools as required by this chapter. For refusal or neglect so to do a town shall forfeit to the county an amount equal to twice the highest sum ever before voted for the support of the schools in the town, or for refusal or neglect to choose a school committee or to comply for one year with section Chap. 71.] PUBLIC SCHOOLS. 39 sixty-eight, it shall forfeit not less than five hundred nor r. s.23, more than one thousand dollars. Three fourths of any ilsg.Hs;'"' *'^ forfeiture so recovered shall be paid by the county treas- g^| ^Js'^vl 12 urer to the school committee, if any, otherwise' to the \i^l\f^- selectmen of the delinquent town, who shall expend it for the p «'-i4,'§§ 17, support of the schools thereof as if regularly appropriated r.'l.42,*' by the town therefor. 1920, 78. 10 Met. sos. ili9%92,Y9. SCHOOL COMIMITTEES. Section 35. In cities where no other provision is Commence- made in the charter thereof, the term of office of members i846!223:Ti. of the school committee shall begin at the same time w^ith ?865,'m^^°' that of the members of the city council. r. l. 42, § 25. ^ ^- ^^' § ^s. Section 36. The school committee shall appoint a secretary. secretary who shall keep a permanent record book, in issTioo, § .3. which all its votes, orders and proceedings shall be p.f.H.'Ip- recorded. 116 Mass. 365. 180 Mass. 20. R. L. 42, § 26. Section 37. It shall have general charge of all the Duties of public schools, including the evening schools and evening mittee."""'" high schools, and of vocational schools and departments p.' Ill,' ^ ^^' when not otherwise provided for. It may determine, fLs, m, § 2. subject to this chapter, the number of weeks and the hours Jigs' 496' fl' during wdiich such schools shall be in session, and may fQ^llj^^"^- make regulations as to attendance therein. § iso. 195 Mass. 29. 216 Mass. 19. 221 Mass. 427. 229 Mass. 304. 3 Op. A. G. 37. Employment of Teachers. Section 3S. It shall elect and contract with the committee to teachers of the public schools, shall require full and satis- terchers.'"^*' factory evidence of their moral character, and shall ascer- J|?|' l^^- ^ ^■ tain their qualifications for teaching and their capacity pi'^^'lol for the government of schools. isQi. is'o. " 1894 329 5 4 R. L. 42, § 28. 4 Cush. 599. 9 Allen, 94. 98 Mass. 587. ' Section 39. No public school committee or official inquiry as to 1 ,, . . . . ,. . p religion or snail inquire concerning, or require or solicit from an ap- politics of can- plicant for a position in the public schools any informa- teachers tion as to, his religious belief, creed or practice, or his 1917! si." political opinions or aflBIiations; and no appointment to ■^Op -^ G-^is. such a position shall be in any manner affected thereby. Violation of this section shall be punished by a fine of not more than fifty dollars. 1919, 5. 12 Allen, 127. 1920, 2. 105 Mass. 475. 23 Pick. 224. 116 Mass. 365. 5 Cush. 198, 157 Mass. 561. 12 Gray, 61. 181 Mass. 127. 10 Allen, 149. 193 Mass. 294. 40 LAWS RELATING TO EDUCATION. [Chap. 7L Minimum salary for teachers. 1918, 197. 1921, 420, § 4. 1 Op. A. G. 576. 2 Op. A. G. 240. Tenure of teachers. 1886, 313. R. L. 42, § 32. 1914, 714, §§ 1,7,8. 1918, 257, § 182. 1919, 5. 1920, 2. Discharge of teachers. 1844, 32. G. S. 38, § 25. P. S. 44, § 30. R. L. 42, § 31. 1914, 714, §§ 2, 4, 5, 7, 8. 1921, 293. 12 Gray, 339. 9 Allen, 94. 123 Mass. 545. 236 Mass. 5. Reduction of salary, 1914, 714, §§ 3, 8. Section 40. {As amended hy chayter 4^0, Acts of 1921.) The compensation of every teacher employed in any public day school in the commonwealth, except persons in train- ing and those employed as temporary substitutes, shall be at a rate of not less than seven hundred and fifty dollars for the school year in that school. Section 4L Every school committee, except in Boston, in electing a teacher or superintendent, who has served in its public schools for the three previous consecutive school years, other than a union or district superintendent, shall employ him to serve at its discretion; but any school committee may elect a teacher who has served in its schools for not less than one school year to serve at such discretion. Section 42. {As amended by chapter 293, Acts of 1921.) The school committee may dismiss any teacher, but in every town except Boston no teacher or superintendent, other than a union or district superintendent, shall be dismissed unless by a two thirds vote of the whole com- mittee. In every such town a teacher or superintendent employed at discretion under the preceding section shall not be dismissed unless at least thirty days prior to the meeting, exclusive of customary vacation periods, at which the vote is to be taken, he shall have been notified of such intended vote, nor unless, if he so requests, he shall have been given a statement by the committee of the reasons for which his dismissal is proposed; nor unless, if he so requests, he has been given a hearing before the school committee, at which he may be accompanied by a witness; nor unless, in the case of a teacher, the superintendent shall have given the committee his recommendations thereon. Neither this nor the preceding section shall affect the right of a committee to suspend a teacher or superin- tendent for unbecoming conduct, or to dismiss a teacher whenever an actual decrease in the number of pupils in the schools of the town renders such action advisable. No teacher or superintendent who has been lawfully dis- missed shall receive compensation for services rendered thereafter, or for any period of lawful suspension followed by dismissal. Section 43. The salary of no teacher employed in any town except Boston to serve at discretion shall be reduced without his consent except by a general salary revision affecting equally all teachers of the same salary Chap. 71.] PUBLIC SCHOOLS. 41 grade in the town. The salary of no superintendent so employed shall be reduced without his consent until at least one year after the committee has so voted. Section 44. No committee shall by rule, regulation, or Teachers not otherwise, restrict any teacher in, or dismiss him for, exer- fntifee!fercis*f* cising his right of suffrage, signing nomination papers, r/ghts*'*''' petitioning the general court or appearing before its com- i^i^, 628. mittees, to the extent that such rights, except voting, are not exercised on the school premises during school hours, or when their exercise would actually interfere with the performance of school duties. Section 45. No person shall demand or accept from Fees for pro- any applicant for the position of teacher in the public positwnr''^^" schools a fee or other compensation exceeding two dollars, ign'.'^Tai; and no additional sum shall be charged to cover expenses o\% or for any other reason, except that further compensation, (i920)'74. not exceeding five per cent of the teacher's salary for the first year, provided the position is open to the teacher for said period, may be charged for procuring such position. Violation of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars. Mentally Retarded Children. Section 46. The school committee of every town shall m|ntaiiy°r°e-°^ annually ascertain, under regulations prescribed by the ^^Q^^^ff^f^Q- department and the commissioner of mental diseases, the §§ serrg.'so. ' number of children three years or more retarded in mental development in attendance upon its public schools, or of school age and resident therein. At the beginning of each school year, the committee of every town where there are ten or more such children shall establish special classes for their instruction according to their mental attain- ments, under regulations prescribed by the department. School Organizations. Section 47. The committee mav supervise and control Committee nil- 11 . . " ^ 1 r? II- may supervise all athletic and other organizations composed or public athletic and ,, ., ii'i 11 •] other school school pupils and bearing the school name or organized organizations. in connection therewith. It may directly or through an icm'.su. authorized representative determine under what condi- ^^^^' ^^^' ^ ^• tions the same may compete with similar organizations in other schools. Expenditures by the committee for the 42 LAWS RELATING TO EDUCATION. [Chap. 71. supervision of play and games on land under the com- mittee's control, or for the equipment thereof, shall be deemed to be for a school purpose. Textbooks and supplies to be provided. 1826, 143, § 7. 1855, 436. 1873, 106. 1878, 23. P. S. 44, § 40. 1884, 103. 1885, 161, § 2. 1894, 320, § 2. R. L.42, §§ 35, 37. 13 Pick. 229. 187 Mass. 436. Purchase of textbooks by pupils. 1901,472. R. L. 42, § 36. 1919, 292, § 8. Change of school books. 1859, 93, § 2. G. S. 38, § 28. 1863, 126. 1867, 155. 1876, 47, § 2. P. S. 44, § 34. R. L. 42, § 38. Exhibition of school work at expositions. 1904, 172. Compensation of committee. Members ineligible to serve as teacher, super- intendent, etc. 1838, 105, § 4. 1854, 314. 1856, 232. G. S. 38, §§ 34, 35. 1873, 157. P. S. 44, §§ 42, 43. 1888, 431, § 5. 1898, 466, § 5. R. L. 42, § 39. 1904, 173. Free Textbooks and School Supplies. Section 48. The committee shall, at the expense of the town, purchase textbooks and other school supplies, and, under such regulations as to their care and custody as it mav prescribe, shall loan them to the pupils free of charge. If instruction is given in the manual and domestic arts,^it may so purchase and loan the necessary tools, implements 'and materials. It shall also, at like expense, procure such apparatus, reference books and other means of illustration, as may be needed. Section 49. Pupils in the public schools may, it the committee so votes, purchase from the town, under such regulations as the committee may prescribe, any text- bo'oks which are to be, or ha-ve been, used by them m such schools. 1 • 1, 11 Section 50. A change may be made m the school books used in the public schools by a vote of two thirds of the whole school committee at a meeting thereof, notice of such intended change having been given at a previous meeting. Exhihition of School Work. Section 5L The school committee may, at any^ na- tional, state, or foreign exposition, make an exhibition showing the character, standing, or work of its public schools. Compensation of School Committee. Section 52. The school committee shall serve without compensation, except that in a town required to belong to a superintendency union which votes to compensate the committee, its members shall each be paid two dollars and fifty cents a day for the time actually devoted to their official duties, and such additional compensation as the town may allow. No member of a school committee m anv town shall be eligible to the position of teacher, or superintendent of public schools therein, or in any union school or superintendency union or district in which his town participates. Chap. 71.] PUBLIC SCHOOLS. 43 Medical Inspection. Section 53. {As amended by chapter 357, Acts of 1921.) School The school committee shall appoint one or more school anfnufs"! physicians and nurses, shall assign them to the public iqio! li; § \. schools within its jurisdiction, shall provide them with ^^"^' ^^^' ^ ^• all proper facilities for the performance of their duties and shall assign one or more physicians to the examination of children who apply for health certificates required by section eighty-seven of chapter one hundred and forty- nine, but in cities where the medical inspection hereinafter prescribed is substantially provided by the board of health, said board shall appoint and assign the school physicians and nurses. The department may exempt towns having a valuation of less than one million dollars from so much of this section as relates to school nurses. Section 53A. {As enacted by section ^ chapter 357, ^f °?!ian. Acts of 1921.) A superintendency district formed and ?nd nurses conducted under the provisions of section sixty, or a tendency"" superintendency union formed and conducted under the ll^tTal' provisions of sections sixty-one to sixty-four, inclusive, i^^i.so?. §2. may employ one or more school physicians and may em- ploy one or more school nurses; determine the relative amount of service to be rendered by each in each town: fix the compensation of each person so employed; appor- tion the payment thereof among the several towns; and certify the respective shares to the several town treasurers. A school physician or nurse so employed may be removed by a two thirds vote of the full membership of the joint committee. Section 53B. {As enacted by section 2, chapter 357, Towns ex- Acts of 1921.) The towns comprised in a superintend- appointment ency district or union employing, to the satisfaction of phySns the department, one or more school physicians and nurses i92i°'3^Tf § 2. in accordance with the provisions of section fifty-three A shall be exempt from the provisions of section fifty-three requiring the appointment of such persons. Section 54. Every school physician shall make a Physical prompt examination and diagnosis of all children referred of pupii!s,'"" to him as hereinafter provided, and such further exami- lanitore'"^"'' nation of teachers, janitors and school buildings as in his {gjlj; 257; 1 2 opinion the protection of the health of the pupils may require. Every such physician who is assigned to perform the duty of examining children who apply for health cer- 44 LAWS RELATING TO EDUCATION. [Chap. 7L Examination of certain pupils. 1906, 502, § 3. Parent or guardian to be notified of disease, etc. 1906, 502, §§4,5. Testing as to defective sight, etc 1906, 502, §§ 5, 6. 1919, 350, § 96. Department to furnish test cards, blanks, etc 1906, 502, § 6. tificates shall make a prompt examination of every child who wishes to obtain an employment certificate, as pro- vided in section eighty-seven of chapter one hundred and forty-nine, and who presents to said physician the pledge or promise of the employer, 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 perform the work described in said pledge or promise. Section 55. The school committee shall cause to be referred to a school physician for examination and diag- nosis 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 who shows signs of ill health or of suffering from infectious or contagious disease, unless at once excluded from the school bv the teacher. But in the case of schools remotely situated, the committee may make such other arrangements as may best accomplish the purposes of this section. Section 56. The committee shall cause the parent or guardian to be notified of any disease or defect from which any child is found to be suffering, or of any defect or dis- ability requiring treatment, ascertained under the follow- ing section. A child showing symptoms of smallpox, scar- let fever, measles, chicken-pox, tuberculosis, diphtheria or influenza, tonsilitis, whooping cough, mumps, scabies or trachoma, 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. Section 57. The committee shall cause every child in the public schools to be separately and carefully tested and examined at least once in ever}' school year to ascer- tain defects in sight or hearing, and other physical defects tending to prevent his receiving the full benefit of his school work, or requiring a modification of the same in order to prevent injury to the child or to secure the best educational results, and shall require a physical record of each child to be kept in such form as the department may prescribe. The tests of sight and hearing shall be made by the teachers, directions for which shall be pre- scribed by the department of public health. Section 58. The department, after consultation with the department of public health, shall prescribe and fur- nish to school committees suitable rules of instruction, test Chap. 71.] PUBLIC SCHOOLS. 45 cards, blanks, record books and other useful appHances loos. iso. for accomplishing the purposes of the five preceding sec- ^^^^' ^^°' * ^^' tions, and may annually expend therefor a sum not ex- ceeding eight hundred dollars, and shall provide for pupils in the normal schools instruction and practice in the best methods of testing the sight and hearing of children. Superintejident of Schools. Section 59. The school committee of a town not in a Superintendent superintendency union or district shall employ a superin- EilctiCn and tendent of schools and fix his compensation. A superin- ism^^sh. tendent employed under this section or section sixty or (f '^l' ||^b 35 sixty-three shall be the executive officer of the committee, \f^'^' i^'i. and under its general direction, shall have the care and is^s! los! • • 1 S74 272 supervision of the public schools, shall assist it in keeping p. s.'44, § 43. its records and accounts and in making such reports as lilt', tm, § s! are required by law, and shall recommend to the com- r'l:42^§4o: mittee teachers, textbooks, and courses of study. in Vatt' 87 138 Mass. 149. 2 Op. A. G. 68. Section 60. Two or more towns may, by vote of each, District super- P i*j^'j_i?j^i p !• • intendent. lorm a district tor the purpose or employing a superin- i87o, i83, tendent of public schools therein, who shall annually be p.th. appointed by a joint committee composed of the chair- r. ^'41^' man and secretary of the school committee of each of the 11^'^]^ ^J said towns. The committee shall determine the relative (i^i^^ ^9. amount of service to be performed by him in each town, fix his salary, apportion the amount thereof to be paid by each town and certify the same to each town treasurer. Section 61. The school committees of two or more Union of towns, each having a valuation less than two million five employment hundred thousand dollars, and having an aggregate maxi- tenderft'"' mum of fifty, and an aggregate minimum of twenty-five, §§*f;2.^^' schools, and the committees of four or more such towns, §j^f;|*^"' having said maximum but irrespective of said minimum, Jf^f-.^'^^^' shall form a union for employing a superintendent of isoo, 248, § 2. schools. A town whose valuation exceeds said amount, §§43,47. may participate in such a union but otherwise subject to 1912! 114! this section. Such a union shall not be dissolved except 2 op! a! g! 78,'" by vote of the school committees representing a majority ^^^^p^q 323 of the participating towns with the consent of the depart- (^^^j^-j^- ment, nor by reason of any change in valuation or the number of schools. Section 62. The department may form or readjust feadjustment such unions whenever it becomes necessary to include one of unions by "- department. 1903, 299. 46 LAWS RELATING TO EDUCATION. [Chap. 7L or more towns otherwise unable to comply with the pre- ceding section, and in so doing may disregard the mini- mum number of schools prescribed therein, but no such readjustment shall deprive a town of its right to aid under section sixty-five. Joint com- Section 63. The school committees of such towns Organization shall, for the purposes of the union, be a joint committee !888'?43r§ 2. and shall be the agent of each participating town, pro- ifgi; 46°: § I: vided that any school committee of more than three mem- fgL'4|/§44. |^pj.g yj^j^ii |3g represented therein by its chairman and two i7o\iast'289 ^f its mcmbcrs chosen by it. The joint committee shall 176 Mass! 473. annually, in April, meet at a day and place agreed upon Op. a.'g^' ^*^^' by the chairmen of the constituent committees, and shall (1919) 59, 116. j^j.gg^j^-2g by choosing a chairman and a secretary. It shall employ for a three year term, a superintendent of schools, determine the relative amount of service to be rendered by him in each town, fix his salary, which shall not be re- duced during his term, apportion the payment thereof in accordance with section sixty-five among the several towns and certify the respective shares to the several town treas- urers. He may be removed, with the consent of the de- partment, by a two thirds vote of the full membership of the joint committee. Salary of union SECTION 64. The salary of the superintendent in such superintendent. 111 • 1 1 • 1888,431, §3. a union shall be not less than the amounts provided in 1898, 466,' § 3; the following schedule: Twenty-two hundred dollars for i9i8;to9,S^i: the first year of service, twenty-three hundred dollars for 1920, 371. ^YiQ second year, twenty-four hundred dollars for the third year, twenty-five hundred dollars for the fourth year. If his salary is not in excess of twenty-nine hundred dollars, the union shall, and otherwise may, reimburse him for his actual traveling expenses incurred in the discharge of his duties, but such reimbursement may be limited by the committee to four hundred dollars a year. stateaid SECTION 65. Whcu the chairman and secretary of the m^s! 4.31; § 3. joint committee certify to the state auditor, on oath, that 1898,466;^^' the towns unitedly have employed a superintendent of R.L.4'2^ schools for the year ending on June thirtieth, and have i!i8^'io9.^^ complied with section sixty-three, a warrant shall, upon 1920', 371. ^Yie approval of the department, be drawn upon the state treasurer for the payment of two thirds of the sum of the following amounts: (1) the amount paid to the superin- tendent as salary not including any such amount in excess of twenty-five hundred dollars, and (2) the amount reim- Chap. 71.] PUBLIC SCHOOLS. 47 biirsed to the superintendent for traveUng expenses not inchiding any such amount in excess of four hundred dol- lars. The amount stated in the warrant shall be appor- tioned and distributed among the towns forming the union in proportion to the amounts expended by them for the salary and traveling expenses of the superintendent; provided, that the amount apportioned to any town whose valuation then exceeds three million five hundred thou- sand or to any town whose valuation exceeded two million five hundred thousand at the time of its entry into a union, shall be retained by the commonwealth. Section 66. The department shall not approve the Qualifications claim to reimbursement under the preceding section unless tendj'nts''?n the superintendent, for the entire period of whose service state aided such reimbursement is claimed, held a certificate of the ^904,2i5. department certifying to his qualifications as determined by examination or otherwise. Section 67. A superintendent of schools who accepts Superintend- P , • 1 i> 1 • 1 ents forbidden any commission, tee, compensation, or reward of any kind to receive pay for obtaining for any person a position as teacher in the p^i'th^ns"'"^ public schools shall be punished by a fine of not less than §§3^4"^^' fifty nor more than five hundred dollars. SCHOOLHOUSES. Section 68. Every town shall provide and maintain a Towns to sufficient number of schoolhouses, properly furnished and schooihouses. conveniently situated for the accommodation of all chil- 1829! iie! ^ ' dren therein entitled to attend the public schools. If the fsol.llbf^^" distance between a child's residence and the school he is ^ |' |g entitled to attend exceeds two miles, and the school com- f| •^.''•.'*o- , ,. P • 1 • 11 1S71, 145. mittee declines to furnish transportation, the department, p. s. 44, upon appeal of the parent or guardian of the child, may r. l.'42,'§49. require the town to furnish the same for a part or for all 1920,787 of the distance. If said distance exceeds three miles, and Itl llllt li^' the distance between the child's residence and a school in op^^ g*^^°' an adjoining town giving substantially equivalent instruc- (i920)27. tion is less than three miles, and the school committee de- Penalty, § 34. clines to pay for tuition in such nearer school, and for transportation in case the distance thereto exceeds two miles, the department, upon like appeal, may require the town of residence to pay for tuition in, and if necessary provide for transportation for a part or for the whole of said distance to, such nearer school. The school com- mittee, unless the town otherwise directs, shall have gen- 48 LAWS RELATING TO EDUCATION. [Chap. 7L Flags, pro- vision for, and display. R. L. 42, § 50. 1909, 229. 1911,232. 1919, 84. Situation of schoolhouses. 1826, 143, § 10 1829, 116. R. S. 23, §§ 28, 32. Public use of school property. 1911, 367, § 1. 1912, 157; 320, §§1,2. 1913, 391. 1914, 538. 234 Mass. 31. eral charge and superintendence of the schoolhouses, shall keep them in good order, and shall, at the expense of the town, procure a suitable place for the schools, if there is no schoolhouse, and provide fuel and all other things necessary for the comfort of the pupils. Section 69. The school committee shall provide for each schoolhouse under its control, which is not otherwise supplied, a United States flag of silk or bunting not less than four feet long, and suitable apparatus for its display. The flag shall be displayed, weather permitting, on the school building or grounds on every school day and on every legal holiday or day proclaimed by the governor or the president of the United States for especial observance. On stormy school days, the flag shall be displayed inside the building. Failure to comply with this section for a period of five consecutive days by the principal or teacher in charge of a school equipped as aforesaid shall be punished for every such period by a fine of not more than five dollars. Failure of the committee to equip a school as herein provided shall subject the members thereof to a like penalty. Section 70. {As amended by chayter 486, Acts of 1921.) A town may, at a town meeting, determine the situation of its schoolhouses. Sale of lunches to pupils and teachers. 1913, 575, § 1. 1919, 292, §§ 10,21. Closing of school for teachers' meetings. 1919, 292, § 11 1848, 237. 1859, 252, § 4. G. S. 38, § 37. P. S. 44, § 47. R. L. 42, § 51. 1921, 486, § 18. 10 Gray, 40. 109 Mass. 206. 117 Mass. 384, 393. 137 Mass. 235. Section 7L For the purpose of promoting the useful- ness of public school property the school committee of any town may conduct such educational and recreational activities in or upon school property under its control, and, subject to such regulations as it may establish, and, consistently and without interference with the use of the premises for school purposes, shall allow the use thereof by individuals and associations for such educational, recreational, social, civic, philanthropic and like purposes as it deems for the interest of the community. This sec- tion shall not apply to Boston. Section 72. The school committee may prepare and sell lunches at one or more school buildings for the pupils and teachers of the public schools at such prices as it deems reasonable. Section 73. The superintendent of schools may, unless the committee votes otherwise, direct the closing of schools under his supervision in order that teachers may attend a Chap. 72.] SCHOOL REGISTERS AND RETURNS. 49 meeting of a county association of teachers or an institute, conference, or convention held under the direction of the department. Section 74. This chapter shall not affect the right of ^^^""^ f^^ids ,,.,,. " of corporations any corporation established in a town to manage any not affected, estate or funds given or obtained for the purpose of sup- r. s.'23, §59. ' porting schools therein, or in anv wise affect such estate pfll'lil' or funds. R.L.42,§52. CHAPTER 72. SCHOOL REGISTERS AND RETURNS. Sect. 1 . Commissioner of education to forward forms, etc. REGISTRATION OF MINORS. 2. Registration of minors. SCHOOL RETURNS AND REPORTS. 3. Certificate of chairman of school com- mittee. Sect. 4. Report of school committee. 5. Failure to file report and returns. Irregular returns. 6. Forfeitures by towns for failure to file report and returns. 7. Penalty on committee. SCHOOL REGISTERS. 8. School registers. Section 1. The commissioner of education shall pre- Commissioner pare and send forms for the registration of minors required to for"ward°'^ by section two, the school registers, blank forms for school 1837,^241° § 2. returns required by section three, and the annual report ^f^s^^ios, of the department of education, as soon as ready for dis- J|^|' 100. tribution, to the superintendent of schools of each town, 1849! 65, ' . . §5 1 2' 209 who shall, on receipt thereof, deliver them to the several issd, 41. persons charged with duties in connection therewith, and §§'3,' 7; 40, send to the commissioner a list of the private schools in p^s.'li, §§3, 7; such town and the names of their principals. If said igglVg'e^' superintendent does not receive said forms on or before §§ ]^~^^-. g. July fifth, he shall forthwith notify the commissioner who 43. §'§ i,'2. . . . 1909 457 shall thereupon transmit them to him. The commissioner §§ 2-4, 6." shall also send the report of the department to the chair- §§ i;2. ' man of each school committee. i9i9, 350, § 57. ^^i^, ase. REGISTRATION OF MINORS. Section 2. The school committee of each town shall ^A^;f,fo*f" ascertain and record the names, ages and such other in- }|;*^, 223, § 2. formation as may be required by the department of educa- isosi^is.^^ tion, of all minors residing therein between five and six- 1874', 303, § i. teen, and over sixteen who cannot read at sight and write p. s.'46.§§ 3, 4. 50 LAWS RELATING TO EDUCATION. [Chap. 72. 1898, 496, § 1901, 289. R. L. 43, § 3 1914, 443, § 1916, 102, § 1919, 350 ~ § 56. ^^- legibly simple sentences in the English language. Who- , ever, in control of any such minor, withholds information sought by a school committee or its agents under this sec- tion or makes a false statement relative thereto, shall be punished by a fine of not more than fifty dollars. At- tendance officers, under the direction of the committee and superintendent of schools, shall have charge of the records required by this section, shall be responsible for their com- pleteness and accuracy, and shall receive the co-operation of principals, teachers and supervisory officers in the dis- charge of their duties hereunder. A card, as prescribed by the department, shall be kept for every child whose name is recorded hereunder. Attendance officers shall compare the names of children enrolled in the public and private schools with the names of those recorded as required herein, and examine carefully into all cases where children of school age are not enrolled in, and attending school, as required by section one of chapter seventy-six. The annual school committee report shall set forth the number of children recorded as herein required, classified by ages, together with the number attending public or private schools, and the number not attending school, in any given year. The supervisory officers of all private schools shall, within thirty days after the enrolment or registration of any child of compulsory school age, report his name, age and residence to the superintendent of schools of the town where the child resides; and whenever a child withdraws from a private school, such officers shall, within ten days, notify said superintendent. Certificate of chairman of school com- mittee. 1826, 143, § 8. R. S. 23, §§ 63, 64. 1837, 227. 1838, 105, § 6. 1846, 223, §§2,3. 1849, 117, § 1. 1855, 23. G. S. 40, §§4,5. 1865, 142, § 2. 1874, 303, § 2. P. S. 46, §§ 5, 6. 1896, 179. SCHOOL RETURNS AND REPORTS. Section 3. The superintendent of schools shall an- nually on or before July thirty-first transmit the school returns to the commissioner, signed and sworn to by him, containing the following information, together with any other information required by the commissioner in accord- ance with section one of chapter sixty-nine: First. The number of persons between the ages of five and seven, the number between seven and fourteen, and the number between fourteen and sixteen, residing in the town x\pril first last preceding the date of the certifi- cate. Chap. 72.] SCHOOL REGISTERS AND RETURNS. 51 Second. The net average membership of the pubhc i898, 496, schools of the town for the school year last preceding the iloo!'!?!. date of said certificate as determined under section eight f§4;5.^' of this chapter and section five of chapter seventy. §§^3 '4^^' Third. The amount of monev raised bv taxation bvjsj^', 356 1 1 1 1 1 • 1 r- 1 ' ' 1914, 443, § 2. the town, and expended during the fiscal year last pre- 1915,90. ceding said date for the support of public schools, includ- 1919! 292! § 5'; ing the wages of teachers, and transportation of children, ^^^' ^' or board in place thereof, 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 repairs, and construction of schoolhouses and contribu- tions for, and reimbursements on account of, the support of public schools from the commonwealth or from other sources than local taxation; and the total expenditures, classified, for the public schools during the school year last preceding said date. Fourth. That the town has maintained during the school year last preceding the said date each of its schools, as required by section one of chapter seventy-one, for a period of not less than one hundred and sixty days, or for what shorter period one or more schools have been maintained, if specifically exempted by the department. Fifth. That the town has, during said school year, complied with said chapter seventy-one in the matter of high school instruction, and the number of days such schools were in session. Before filing said school returns, the superintendent shall submit them to the chairman of the school committee, who shall countersign them on oath, if, after examination, he finds them correct. Section 4. The committee shall annually make a de- Report of tailed report of the condition of the public schools, con- mittee.''°™ taining such statements or suggestions relative thereto as i846; 223! § 4! it considers necessary or proper. It shall cause said ^^^|;|q§ g report to be printed, for the use of the inhabitants, in ^ l'*,*^^^: octavo, pamphlet form, of the size of the annual reports Ji^^^r'^'gy- of the department. The superintendent of schools shall 101 Mass. 142. transmit two copies thereof to the commissioner on or before April thirtieth, and shall deposit one copy in the office of the town clerk. Section 5. If a superintendent of schools fails, within Failure to file ^ , , report and re- the prescribed time, to make both the returns and the tums. irregu- ^ lar returns. 52 LAWS RELATING TO EDUCATION. [Chap. 72. 1853, 93, §§1.2. G. S. 40, §§ 7, 8. P. S. 46. §§ 9, 10. 1898, 496, § 20. R. L. 43, §§ 7, 8. 1912, 368, §§ 6, 7. Forfeitures by towns for failure to file report and returns. 1855, 93, § 3. 1859, 238. G. S. 40, § 9. P. S. 46, § 11. 1898, 496, § 21. R. L. 43, § 9. 1912, 368, § 8. Penalty on committee. 1847, 183, § 2. 1848, 173. G. S. 40, § 12. report required by law, the commissioner shall forthwith notify the chairman of the school committee thereof, and he shall immediately transmit the same to him. If a return is found to be irregular or incorrect, the commis- sioner shall forthwith return it for correction, with a state- ment of all deficiencies therein, to the committee or its agent, who shall promptly correct and return it. Section 6. A town whose report and returns do not reach the office of the commissioner on or before August fifteenth shall forfeit ten per cent of the sum to which it would otherwise be entitled under Part II of chapter sev- enty; if they do not reach said office before September first, the entire sum shall be retained by the state treas- urer and added to the principal of the school fund, or if the town is not entitled to any payment under said chap- ter, it shall forfeit to said fund two hundred dollars. For cause, the commissioner may grant an extension of time to any town. Section 7. A town suffering such a forfeiture through the default of its school committee may withhold the compensation of the committee. p. S. 40, § 14. R. L. 43, § 10. School registers. 1838, 105, 1849, 209. G. S. 40. § 13. p. S. 46, § 15. 1891, 99. 1898, 496, §§ 18, 19. R. L. 43, § 11. 1912. 368, §§4,9. 2 Allen, 59 SCHOOL REGISTERS. Section 8. The school committee shall cause school § 6. teachers to faithfully keep the registers of attendance § 5, daily, and make due return thereof to the school com- § 6, mittee or to such person as it may designate. No teacher shall receive payment for the two weeks 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 committee, the superintend- ent, the attendance officers, and the commissioner and agents of the department. In computing the average membership a pupil's name shall be omitted w^hen and only when it is known that he has withdrawn from the school without intention of returning, or has been absent ten consecutive school days; but the foregoing method of computation shall not affect proceedings against habit- ual truants, absentees or school offenders, or other persons, under section one of chapter seventy-six or under sections three, four and five of chapter seventy-seven. A pupil who is not present during at least half of a session shall be marked and counted as absent for that session. Chap. 73.] STATE NORMAL SCHOOLS. 53 CHAPTER 73. STATE NORMAL SCHOOLS. Sect. Sect. 1. Management of schools. 4. Bonds of principals of schools 2. Agricultural education at North 5. Aid to students at schools. Adams school. 6. Non-resident students may 3. Agreements as to practice and model ceived in schools. schools. 7. Degree in education. be re- Section 1. The department of education, in this Management chapter called the department, shall have general manage- ?839,^72,'''§ i. ment of the state normal schools at Barnstable, Bridge- \l^l' f^^ |^j water, Fitchburg, Framingham, Lowell, North Adams, i|7i. Re|. Vs. Salem, Westfield and Worcester, and the Normal Art P- s.'4i, § 12. 1SS5 "^"^O S 1 School at Boston, wherever said schools may be hereafter isso', Res'. 93.' located, and of anj^ other state normal schools hereafter 1893; Ret'. 9l established, and of boarding houses connected therewith, 1|95;|45; § 1. and may direct the expenditure of money appropriated for f^^-^ 2^; ^ 10. their maintenance. 1919, 350, §§ 56-58. i9i4. 781. Section 2. The department may provide for agri- Agricultural cultural education in the state normal school at North NoTth Adams Adams. loos. 2.57, § 1. "'^°°^- Section 3. North Adams, Fitchburg, Lowell and the Agreements town of Barnstable shall each make written agreements and model with the department to provide suitable and sufficient 1394? 457, school buildings and model and practice schools in connec- i896'/i33. tion with the training departments of state normal schools fgis;!!^^ ^^' therein. The department may, if requested by towns near l^i^^a^ state normal schools, make written agreements with such 1920! 2. towns for the maintenance of practice schools therein in connection with such state normal schools, and may pro- vide for the payment of part of the compensation of supervising teachers employed in such practice schools. This section shall not prevent the establishment and maintenance of model, practice, or training schools in con- nection with state normal schools, with or without the co- operation of local school authorities. All money payable by towns under such agreements shall be paid to the com- monwealth. Section 4. (^1^ amended by chapter 48G, Acts of^ 1921?) Sonds^of^^^ Principals of state normal schools shall give bonds in such ^^^^f^-^ penal sums as the state auditor may prescribe, conditioned 1917; is^ on the faithful performance of their duties. 54 LAWS RELATING TO EDUCATION. [Chap. 74. atlcifoob"'^''"*^ Section 5. The department may annually expend, in 1876* Res' 47' semi-annual payments, not more than four thousand dol- 1918,257, lars in aidino; students in state normal schools. S lo9. ■- 1919, 5. 1920, 2. ^udenti may Section 6. Upou payment of tuition fees the depart- be received meut may reccivc students not residents of the common- in schools. 1 1 • 111 1902, Res. 65. Wealth lu State normal schools. ?dS(!C Section 7. (As enacted by chapter 92, Acts of 1921) 1921, 92. The department may grant the degree of Bachelor of Education to any person completing a four-year course in a Massachusetts state normal school. Reference. Todd normal school fund, Chap. 70, § 18. CHAPTER 74 VOCATIONAL EDUCATION. Sect. VOCATIONAL SCHOOLS. 1. Definitions. 2. Power.? of commissioner. 3. Establishment by town. Election of trustees. District vocational schools. Organization, administration and sup- port of district vocational schools. Advisory committees. 7. Admission of non-resident pupils. 8. Liability for tuition of non-resident pupil. 9. Reimbursement for maintenance of certain schools. Reimbursement for tuition fees. Reimbursement of certain counties and cities. Reimbursement for maintenance of agricultural departments in high schools. 13. Day, part time and evening classes. Practical art classes. Schools for gardening, poultry raising, etc. Advertisement of purpose of school. Taking or leasing of land for schools. Classes for teachers in continuation or vocational schools. Co-operation with federal vocational educational board. 20. State treasurer to be custodian. 21. Disposal of federal funds. 10. 11. 12. 14. 15. 16. 17. 18. 19. Sect. 22. Powers of commissioner in disposal of federal funds. 22A. Vocational rehabilitation. 23. Independent Industrial Shoemaking School of the City of Lynn. Trus- tees. Maintenance. 24. Smith's Agricultural School. Super- intendents. county agricultural schools. Certain county agricultural schools to be approved vocational schools. Appointment of trustees. Tenure. Trustees to serve without compensa- tion. Expenses to be paid. Estimates of expense of maintenance to be made by trustees. Amounts to be raised by taxation. Payment to trustees on requisi- tion. Disposition of income from tuition, etc. 31. Power to receive gifts. 32. Non-residents to be admitted. Free tuition to residents of county. Special provisions as to Bristol County Agricultural School. Character of instruction. Short unit courses. 37. Special duties of teachers. 38. Half fare on street railways for stu- dents. 25. 26. 27. 28. 29. 30. 33. 34. 35. 36. Chap. 74.] VOCATIONAL EDUCATION. 55 Sect. training and instruction of disabled soldiers and sailors. 39. Training, etc., of di.'iabled soldiers and sailors. 40. Governor may transfer facilities to the department of education. 41. Lease of hospitals, etc., to United States. TEXTILE SCHOOLS. 42. Certain textile schools to be state in- stitutions. 43. Trustees may hold property in trust. 44. Annual report. 45. Trustees may insure buildings and contents. Sect. 46. Rate of tuition for non-resident pupils. 46A. Textile schools may make certain tests. 47. What degrees may be granted at Lowell Textile School. 48. City of Lowell may provide scholar- ship. • nautical school. 49. Commissioners to provide and main- tain a nautical school. .50. Commis.sioners may receive ves.sels from the United States. 5L Advance to nautical school for cruises. 52. Towns may maintain nautical schools. 53. Annual report. VOCATIONAL SCHOOLS. Section 1. The following words, as used in this chap- Definitions. ter, shall have the following meanings unless the context §§i,'8, 9.' ,1 • • 1912, 106. otherwise requires: 1915,266. "Agricultural education", vocational education fitting ^^g^^' ^p- ^^^• pupils for occupations connected with agriculture, the care §§\^4\^|' of domestic animals, forestry and other wage earning or productive work on farm land. "Approved", approved by the commissioner of educa- tion as to organization, control, location, equipment, courses of study, qualifications of teachers, methods of in- struction, conditions of admission, employment of pupils and expenditures. "Commissioner", the commissioner of education. "Evening class", in an industrial school, a class giving instruction for pupils employed during the working day, and which, to be called vocational, must deal with and relate to the day employment, subject, however, to sec- tion one of chapter two hundred and six of the General Acts of nineteen hundred and eighteen. "Household arts education", vocational education fitting pupils for occupations connected with the household. "Independent agricultural school", either a distinctive organization of courses, pupils and teachers designed for agricultural education, or a separate agricultural depart- ment in a high school, offering as elective work education in agriculture approved as vocational. "Independent household arts school", a vocational school for developing capacity for cooking, housework and other domestic occupations. 56 LAWS RELATING TO EDUCATION. [Chap. 74. Powers of commissioner. 1906, 505, § 2. 1911,471, §§2,11. Establishment by town. Election of trustees. 1872, 86. P. S. 44, § 8. R. L. 42, § 10. 1906, 505, §§ 3, 8. District vocational schools. 1906, 505, 1911,471, §§ o, 11. §4. "Independent industrial, agricultural or household arts school", an approved distinctive organization of courses, pupils and teachers for all the types of vocational educa- tion herein defined. "Industrial education", vocational education fitting pupils for trades, crafts, and manufacturing pursuits, in- cluding occupations of girls and women in workshops. "Net maintenance sum", the total sum raised by taxa- tion and expended for maintaining approved local or dis- trict independent industrial and household arts schools and independent agricultural schools, other than departments in high schools, less the amount of tuition claims, paid or not, and receipts from the labor of pupils and sale of products; provided, that in the case of Smith's Agri- cultural School there shall be added to the sum raised by local taxation the sum annually received by the city of Northampton from the Smith charities and expended for the maintenance of the school. "Part time class", a vocational class in an industrial, agricultural, or household arts school for pupils giving part of their w^orking time to profitable employment, and part to the class when in session, if the instruction so re- ceived is complementary to the employment. "Practical art class", a separate day or a separate evening class in household and other practical arts. "Vocational education", education of which the primary purpose is to fit pupils for profitable employment. Section 2. The commissioner shall investigate and promote industrial, agricultural and household arts educa- tion, and initiate and superintend the establishment and maintenance of schools for the aforesaid forms of educa- tion. He shall supervise and approve such schools as pro- vided in sections one to thirty-seven, inclusive. Section 3. Towns may, through school committees or boards of trustees elected for not more than five years, and known as local trustees for vocational education, establish and maintain independent industrial, agricultural and household arts schools. 1908, 572, §3. 1911,471, §§4, 11. Section 4. Independent industrial, agricultural and household arts schools may be established and maintained by districts composed of two or more towns, through boards to be known as district trustees for vocational edu- cation, consisting either of the chairman and two other Chap. 74.] VOCATIONAL EDUCATION. 57 members of the school committees of each town, to be ap- pointed by such committees, or of three residents of each, to be elected by the towns. Section 5. District trustees under the preceding sec- organization. tion shall adopt, for one year or more, plans of organiza- aKSon o" tion, administration and support of such schools, which ti^nafLhoob shall be binding on the towns made parties thereto, and i9ii.47i°§ 5'. shall not be altered or annulled except by two thirds votes of such trustees, with the consent of the commissioner. Section 6. Local and district trustees for vocational ^o1iTm?tTees education, administering approved industrial, agricultural i^ii-^^i. §6. or household arts schools, shall, under a scheme approved by the commissioner, appoint advisory committees com- posed of representatives of local trades, industries and occupations, which shall consult with and advise the trustees or other officials managing and supervising such schools. Section 7. Residents of towns in the commonwealth Admission of not maintaining approved independent industrial, agri- pupils.'*' ^^ cultural or household arts schools offering the type of 1911: In. ^ *' education desired, or children placed in such a town by 1919/291(3). the commissioner of public welfare or by the trustees of ■* °p' ^- ^- ^^^■ the Massachusetts training schools, may, in the sole dis- cretion of the commissioner, be admitted to a school in another town. In making his decision, the commissioner shall take into consideration the opportunities for free vocational training where the applicant resides, the finan- cial status of such place, the age, sex, preparation, aptitude and previous record of the applicant, and other relevant circumstances. Section 8. A town where a person resides who is ad- Liability for mitted to the school of another town under the preceding non-?esident section shall pay a tuition fee to be fixed by the commis- igos! 572, § 4. sioner, and in default of payment shall be liable therefor H^l'ti^' in contract to such other town. i^il- ^S''- § 5. Section 9. The commonwealth shall annually pay one Reimburse- half the net maintenance sum to towns maintaining ap- [!^nancror^'"" proved local or district independent industrial, agricultural Jloe.'so!?,'^!']!^' or household arts schools, except agricultural departments J^og. 540. ^ ^ in high schools. ci. 1,' § 11. Section 10. The commonwealth shall pay to towns Reiipburse- paying claims for tuition under section eight, one half the tu?t"ionTees. sums expended, except that the whole amount expended §^9/^3^' shall be so paid to towns paying such tuition fees for chil- §^5 Vl"' 1919. 291 (ff). 58 LAWS RELATING TO EDUCATION. [Chap. 74. Reimburse- ment of certain counties and cities. 1912, 56G, § 3; 587, §§ 3, 4. 1914, 719, § 1. 1915, 189, § 8. Reimburse- ment for main- tenance of agricultural departments in high schools. 1911, 471, § 9, cl. 2. Day, part time and evening classes. 1911,471, § 3. 1917, 215, § 5. 1918, 206, § 2. 1919, 292, § 16. 227 Mass. 44. Practical art classes. 1912, 106. 1915, 266. 1917, 215, § 5. Schools for gardening, poultry raising, etc. 1916. 185, § 1. 1918, 257, § 183. 1919, 5. 1920, 2. Advertisement of purpose of school. 1916, 185, § 2. Taking or leasing of land for schools. 1916, 185, § 3. dren placed therein by the commissioner of public welfare or the trustees of the Massachusetts training schools. Section IL The counties of Bristol, Essex and Nor- folk, and the cities of Lynn and Northampton shall, so long as their respective schools are approved, be reim- bursed by the commonwealth as are towns under section nine. 1916, Sp. 174, § 5. 1917, 176, § 1. 1918, Sp. 151, § 1. Section 12. The commonwealth shall pay to towns maintaining approved local or district independent agri- cultural schools consisting only of agricviltural departments in high schools two thirds of the salary of the instructors therein. i9i7, 6i, § i. Section 13. Independent 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 years of age; and upon such evening classes, to those over sixteen years of age. Section 14. Towns may, through school committees or trustees for vocational education, establish and maintain household and other practical art classes. If day classes only, or evening classes only, are established, they shall be open to women over sixteen years of age; if both day and evening classes are established the day classes shall be open only to women over said age, and the evening classes shall be open only to women over sixteen years of age em- ployed during the day. Such classes may be established and maintained as approved state aided practical art classes under sections one to twenty-two, inclusive, so far as not inconsistent therewith. Section 15. Cities may establish and maintain schools for instructing families and individuals in day, part time or evening classes in gardening, fruit growing, floriculture, poultry raising, animal husbandry, and other branches, of agriculture and horticulture. The location and organiza- tion thereof and the instruction given therein shall be subject to the approval of the commissioner. Section 16. Before action taken under the preceding section, school committees shall circulate a description of the purposes and scope of the instruction to be given thereunder, and request applications for such instruction. Section 17. Boards or officers having power to take land for school purposes in cities may take, by eminent Chap. 74.] VOCATIONAL EDUCATION. 59 domain under chapter seventy-nine, land therein not al- ready appropriated to public use, or lease or purchase land either within or without the city limits, for the purposes of section fifteen. A school committee may erect suitable buildings on land so acquired, and provide, on terms not involving loss to the city, for the use of plots of ground and for the temporary housing of pupils complying with its regulations and not having access to other land suitable for proper instruction. Section 18. With the approval of the commissioner, classes for towns or districts through school committees or trustees continuat"on for vocational education, may establish classes for training schoX.*'°"^' teachers for continuation schools, or vocational schools ^^^^' ^^^=^^^- established under sections one to twenty-two, inclusive, which classes shall be subject to said sections, so far as consistent herewith. The commissioner may establish and maintain classes for training such teachers. Section 19. The commissioner shall co-operate with Co-operation the federal board for vocational education in the adminis- vocational tration of the act of congress, approved February twenty- board'°"^' third, nineteen hundred and seventeen, relating to voca- ^®^'^' ^^^' ^ ^• tional education in agriculture, trades and industries, and secure for the commonwealth the benefits thereof. Section 20. {As amended by chapter 462, Acts of 1921.) sme treasurer The state treasurer shall be custodian of funds allotted to custodian. the commonwealth from appropriations made under the 1921! 462! § z. acts of congress mentioned in the preceding section and in section six A of chapter fifteen. The funds so alloted from appropriations under the act of congress mentioned in said section six A shall be expended, without specific appropria- tion, under the order or the approval of the commissioner and the advisory board of education, constituting the state board for vocational education. Section 21. (.4^ amended by chapter 462, Acts of 1921.) f^Slunds. Subject to the following section, the funds received under }^JJ;fm|- said act of congress mentioned in section nineteen shall be paid out, on requisition of the commissioner, as reimburse- ment for expenses already incurred, to approved schools and classes entitled to receive them under said act. Section 22. {As amended by chapter Jfi2, Acts of 1921.) l^^;^,^,^,. The commissioner may use the funds received under said [^^'^'^Pi^^^id^gf act of congress mentioned in section nineteen as supple- }^i['i73:^||- mentary to state aid for salaries of teachers of vocational subjects in schools complying therewith. He may also use o. 60 LAWS RELATING TO EDUCATION. [Chap. 74. Vocational rehabilitation. 1921, 462, § 6. Independent Industrial Shoemaking School of the City of Lynn. Trustees. Maintenance. 1916, Sp. 174, §§ 2, 3, 5. such funds (1) for salaries of teachers giving types of training selected by him as especially needing stimulus; or, (2) for courses for the preparation of teachers of voca- tions selected by him; or, (3) to arrange with schools and colleges to give the proper types of training to teachers of vocations under his supervision; or, (4) to enable local school authorities to conduct, under his supervision, classes for the training of vocational teachers. Such payments shall be subject to conditions prescribed by him. Section 22A. (As enacted by section 6, chapter Jf62, Acts of 1921.) The .state board for vocational educa- tion, established by section six A of chapter fifteen, is hereby directed to co-operate with the federal board for vocational education in carrying out the provisions of the act of congress mentioned in said section six A; to estab- lish and maintain, or to assist in establishing or maintain- ing, such courses of vocational training as it may deem advisable and necessary for the vocational rehabilitation of persons disabled in industry or otherwise; to grant federal funds in its control, subject to conditions prescribed by it, as money supplementary to state aid, in the main- tenance of vocational rehabilitation courses in schools or institutions supported wholly or in part by the common- wealth; . to establish and maintain under its supervision such courses as it may deem advisable for the preparation of instructors of vocational rehabilitation courses; to ap- point such agents and assistants as may be necessary to administer the provisions of this section and said act of congress in this commonwealth; to fix the compensation of such agents and assistants and to direct the disburse- ment and administer the use of all funds provided by the federal government and this commonwealth for the voca- tional rehabilitation of such persons, and in conjunction with the department of industrial accidents to formulate a plan of co-operation in accordance with the provisions of said act of congress, such plan to become effective when approved by the governor. Section 23. The Independent Industrial Shoemaking School of the City of Lynn, established under chapter one hundred and seventy-four of the Special Acts of nineteen hundred and sixteen, shall be maintained by the city of Lynn as a state aided approved vocational school under and subject to sections one to twenty-two, inclusive; pro- vided, that the trustees of said school shall consist of the Chap. 74.] VOCATIONAL EDUCATION. 61 mayor of Lynn, ex officio, and eight appointive members who shall be residents of Lynn and of whom two shall represent the laboring class. Two appointive members shall annually be appointed by the governor, with the ad- vice and consent of the council, for terms of four years and until their successors are qualified. The trustees shall serve without compensation, but shall be reimbursed for their necessary expenses, to be charged and paid as main- tenance. The trustees may determine the situation of said school, subject to the approval of the commissioner, and may ex- pend 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 24. Smith's Agricultural School, established Saisfhooi. under chapter one hundred and fifty-one of the Special teTcfen^s Acts of nineteen hundred and eighteen, shall be maintained §|\^'|p- ^^^• by the city of Northampton as a state aided approved 1920, u; en. vocational school under and subject to sections one to twenty- two, inclusive; provided, that the superintendents of said school shall consist of the mayor and superin- tendent of schools of said city, ex officiis, and three other superintendents to be elected by said city annually at its city election by ballot, as provided in the will of Oliver Smith, and that said superintendents shall have the powers of local trustees elected under section three. COUNTY AGRICULTURAL SCHOOLS. Section 25. The Bristol County Agricultural School, ^^Ify the Essex Countv Agricultural School and the Norfolk agricultural /-I * • 1 ' 1 ^ • • schools to be County Agricultural School shall be maintained as state approved •jj I'l 1 -111 1 vocational aided, approved, independent vocational schools under schools. ,• XX XX • 1 • u- X X X- 1912,566, sections one to twentv-two, inclusive, subiect to sections §§1,3; 587, twenty-Six to thirty-seven, inclusive. 1914, 719, § 1. 1915, 189, §§ 2, 4. 1917, 176, § 1; 247, § 1. Section 26. There shall be a board of trustees for Appointment of trustees. each of the schools enumerated in the preceding section. Tenure. The boards of trustees for the Bristol County Agricultural 587. '§ i. ' School, the Essex Countv Agricultural School and the Jg}?' Ijt'. ^' 247. § 1. ■ 62 LAWS RELATING TO EDUCATION. [Chap. 74. Op. A. G. (1918) 18. Trustees to serve without compensation. Expenses to be paid. 1912, 566, § 1; 587, § 1. Estimates of expense of maintenance to be made by trustees. 1912, 566, § 4. 1914, 719. § 2. 1915, 189, § 6. 1917, 247, §§ 3, 6. Amounts to be raised by taxation. Payment to trustees on requisition. 1912, 566, § 4. 1914, 544; 719, § 2. 1915, 189, § 6. Disposition of income from tuition, etc. 1912, 587, § 5, cl. 2. 1914, 719, § 2. 1915, 189, § 7. 1917, 176, § 1; 247, §§ 1,4. Powe T to receii i^e gifts. 1915, 189, §6. 1917, 247, §§1, 3. Non- residents to be admitted, 1912, 587, 566, §5. §5; 1915, . 189, §9. 1917, ,247, § 5. 1919, , 292, § 16 Norfolk County Agricultural School shall each consist of the county commissioners, ex ofRciis, and four residents of the county, appointed by the governor, with the advice and consent of the council, for four years. The term of one appointive trustee in each county shall expire each year. wSection 27. The trustees provided for in the preceding section shall serve without compensation, but shall be re- imbursed for their necessary expenses, to be charged and paid as maintenance. i9i5, i89, § 2. Section 28. Annually on or before December fifteenth the trustees of the schools mentioned in section twenty- five shall, in consultation with and with the approval of the commissioner, prepare estimates of the amounts neces- sary to equip and maintain their respective schools for the ensuing year. The amounts of such estimates shall be included by the respective county commissioners in the estimates required by section twenty-eight of chapter thirty-five. Section 29. If any part of the amount estimated under the preceding section shall be authorized as part of the county taxes, the respective counties shall raise the said amounts by taxation, and the respective county treasurers shall pay them to the trustees on their requi- sition, to be expended by them as provided in this chapter. 1917, 247, §§ 3, 6. Section 30. Miscellaneous income of the Bristol County Agricultural School and the Essex County Agri- cultural School, including the tuition of non-resident pupils and receipts from the sale of products and work of pupils, shall be paid to the county treasurer, to be applied to maintenance. Such receipts of the Norfolk County Agri- cultural School shall be applied by the trustees to the use aforesaid. Section 31. The Bristol County iVgricultural School and the Norfolk County Agricultural School may receive and use gifts deemed by the trustees and the commis- sioner consistent with the purposes thereof. Section 32. Any resident of the commonwealth over fourteen years of age who resides in any town outside of a county in which a county agricultural school is located may be admitted to such school on the conditions pre- scribed in sections seven, eight and ten. Chap. 74.] VOCATIONAL EDUCATION. 63 Section 33. The Bristol County Agricultural School, Free tuition the Essex County Agricultural School and the Norfolk of county.*^ County Agricultural School shall be free to residents of ll7%T' ^ '"' Bristol, Essex and Norfolk counties, respectively, over {glf; Ire! § \\ fourteen years of age, except that in the Bristol County igloflgs^j le Agricultural School and the Norfolk County Agricultural School free attendance shall be limited by the capacity of the courses provided for such schools. Section 34. The trustees of the Bristol County Agri- Special pro- cultural School may, with the approval of the commis- Bristol County sioner, permit pupils with limited educational preparation sS'^'""''^ to enter for a special course in horticulture, fruit growing Jgn; ^47; 1 1\ or dairv farming. Section 35. The Bristol County Agricultural School, character of and the Norfolk County Agricultural School shall provide isurng"! 1. instruction in agriculture and, at a time approved by the isi?! itg! § i- commissioner, in household arts or homemaking. The ^^^' ^^ ^' ^' Essex County Agricultural School may establish, equip and maintain, with the approval of the commissioner, an independent household arts school. Section 36. Short unit courses may be given at the short unit Bristol County Agricultural School, the Essex County i9i5!789, Agricultural School and the Norfolk County Agricultural 1917, m, School, and elsewhere in the respective counties. IItI'iu, 2. Section 37. Members of the staffs of the Bristol special duties County Agricultural School, the Essex County Agricul- wirisir tural School and the Norfolk County Agricultural School 1917, Ire. shall investigate farm and market conditions for the || \\ 1; ^^'^' purpose of advising individuals and organizations as to business methods among farmers, and satisfactory methods of marketing farm products, shall instruct in the forma- tion of co-operative enterprises, and shall perform other work calculated to promote the agricultural or rural development of the respective counties. Members of such staffs shall keep in touch with, and avail themselves of, agencies in the commonwealth or elsewhere that will enable them to utilize the latest and best knowledge and practice in the furtherance of their work. Section 38. Section one hundred and eight of chapter Half fare on one hundred and sixty-one shall apply to students of the for^^s^Jfent*^^ schools named in section twenty-five. i9i5, iso, § 10. Isrf i'o.'^' ^ ^' 64 LAWS RELATING TO EDUCATION. [Chap. 74. Training, etc., of disabled soldiers and sailors. 1918, 230, §§ 1. 4 1919, 350, § 59. Governor may transfer facili- ties to the de- partment of education. 1918, 230, § 3. Lease of hospitals, etc., to United States. 1918, 230, § 5. TRAINING AND INSTRUCTION OF DISABLED SOLDIERS AND SAILORS. Section 39. For the purpose of fitting them for em- ployment in the industries of the commonwealth, and of making them self-supporting and independent of chari- table aid, the department of education, acting through a division established under section seven of chapter fifteen, may train and instruct soldiers and sailors who have been or may become disabled or diseased in the war service of the United States or its allies during the world war and who are residents of the commonwealth at the time of their discharge or within one year thereafter, so long as they continue to be residents of the commonwealth; and for these purposes, it may make reasonable agreements for the use of available facilities, provide new facilities where necessary and employ qualified persons to teach or supervise such soldiers and sailors seeking re-education or training. Section 40. The governor, with the advice and con- sent of the council, may transfer wholly or partly to the department of education, for the use of said division, the use and custody of any state hospital, school or workshop, including its equipment and employees, or any other suitable resources of the commonwealth, for a period not exceeding the duration of the world war and two years after its termination as defined by federal authority. Section 41. The governor, with the advice and con- sent of the council, may lease to, or permit to be used by, the United States or any department, bureau or agency thereof, any state hospital, school or workshop, and its premises and equipment, or any other suitable resources belonging to the commonwealth, to enable the United States to re-educate and rehabilitate in industry any soldiers and sailors in the service of the United States or its allies, and may assign to the United States or its agents any agreement or contract made by the commis- sioner or by said division under authority of the two pre- ceding sections, on terms and conditions fully protecting the commonwealth against expense. Chap. 74.] VOCATIONAL EDUCATION. 65 TEXTILE SCHOOLS. Section 42. The New Bedford textile school, the Certain textile Bradford Durfee textile school of Fall River and the ^tat^eln-" ^' Lowell textile school shall be maintained by the common- f895f4?5; § i. wealth for the purpose of giving instruction in the theorv r^^^' ?ot' I L and practical art of textile and kindred branches of in- ^f^V^P- ^ ^= dustry. 274! § i." Section 43. The board of trustees of each of said LTd propTny schools shall be a corporation for the purpose of taking by iggs'^Vs § 1 gift, bequest or devise any real or personal property. i^^^! 299,' § i.' R. L. 125, §§ 8, 20. 1917, 45. 165 Mass. 419. 1902, 120. 1918, 246, § 2; 248, § 2; 274, § 2. Section 44, The commissioner shall make an annual f9''o°'^248?u ' report as to each such school containing a concise state- }9i|'f45* ment as to its buildings, equipment, and resources, its lais! ssoi § 8. courses and methods of instruction, the number of teachers and students during the preceding school year and the number of graduates. Section 45. The board of trustees of each of said ,^Trt^^^?fH^L= schools may insure the buildings of said schools and their lgfg^°^^^''^- contents in such amount as it deems sufficient. Section 46. The yearly tuition at any of said schools Rate of tuition A V »/ %/ tor norL^rcsicldit for day students who are non-residents of the common- pupiis. wealth shall not be less than one hundred and fifty dollars, igoo! Res! 72'. Section 46A. (As enacted by chapter 385, Acts of 1921.) ^f/^ake°°'' Said schools may make, under such regulations as their Jl^f'ggl^**' respective boards of trustees may from time to time pre- scribe, tests, comparative or otherwise, of new and use- ful improvements in textile machinery or of apparatus, dyes, compounds, processes, methods or means, directly or indirectly relating to the manufacture of textiles or to the machinery, tools, appliances and materials used in connection therewith. The person for whom any such test is made shall pay therefor on account of the common- wealth a sum not less than the actual cost thereof, in- cluding a reasonable amount for overhead expense. No such test shall be undertaken by any such school which in the opinion of its trustees will be likely to interfere with the regular, eflBcient and proper exercise of school func- tions. In the making of such tests preference shall be given to citizens of, and to corporations organized under the laws of, the commonwealth. 66 LAWS RELATING TO EDUCATION. [Chap. 74. What degrees may be granted at Lowell Tex- tile School. 1912, 62. 1917, Sp. 244. City of Lowell may provide scholarship. 1912, Res. 120. Section 47. The board of trustees of the Lowell textile school may grant the degrees of bachelor of textile engi- neering and bachelor of textile chemistry to students who have taken the four year day course of such school in said departments and have passed the examinations required for graduation. Section 48. The city of Lowell may annually provide for not more than ten four year course day scholarships at the Lowell textile school for residents of Lowell, the sum so required to be raised by taxation. Commissioners to provide and maintain a nautical school. 1891, 402, § 3. R. L. 45, § 3. 1913, 224. Commissioners may receive vessels from the United States. 1891,402, §4; Res. 4. Advance to nautical school for cruises. 1891, 402, § 5. 1893, 124. R. L. 45, § 5. 1903, 171. Towns may maintain nautical schools. 1878, 159. P. S. 44, § 9. R. L. 42, § 16. NAUTICAL SCHOOL. Section 49. The board of commissioners of the Massa- chusetts nautical school shall provide and maintain a nautical school for the instruction of students in the science and practice of navigation, accommodations there- for on board a proper vessel, books, stationery, apparatus and supplies needed in the work thereof, and appoint and remove necessary instructors and other employees, deter- mine their compensation, fix the terms upon which stu- dents shall be received and instructed therein and dis- charged therefrom, make all regulations necessary for its management and provide from time to time for cruises in or from Boston harbor. Section 50. The board may receive from the federal government, and use for the accommodation of the school, vessels detailed by the secretary of the navy. R. L. 45, § 4. Section 51. In addition to the advances authorized by section twenty-three of chapter twenty-nine, the state treasurer shall, upon requisition by the board to the state auditor, make an advance for said cruises of not exceeding ten thousand dollars for six months to the commanding officer of the vessel detailed therefor, who shall give bond in the sum of ten thousand dollars, with sureties approved by the governor and council, for its proper disbursement. Said advance shall be accounted for by properly approved vouchers within thirty days after the termination of said cruises. Section 52. A town may establish and maintain, upon shore or upon vessels at the election of the school com- mittee, one or more schools for training young men or boys in nautical duties. School committees may excuse Chap. 75.] MASS. AGRICULTURAL COLLEGE. 67 boys attending such schools from attendance at other schools. Section 53. The commissioner shall make an annual ^s^Jil^UTe" report relative to the Massachusetts nautical school. R. l!45.S6/ 1913, 224. 1919, 350, § 8. Reference. Issue of bonds for establishing and equipping the Independent Industrial ' Shoemaking School of the City of Lynn, 1916, Sp. 174, § 4. CHAPTER 75. MASSACHUSETTS AGRICULTURAL COLLEGE. Sect. 1. Massachusetts Agricultural College a state institution. 2. Object of institution. 3. Determination of place of meeting. Quorum. 4. May have common seal. 5. Expenditure of appropriations. €. Accounting. SPECIAL TRUSTS. 7. Management of special trusts. In- vestment of funds. HEPORT. 8. Report. Printing. REGULATION OF COLLEGE. 9. Management of state property. 10. Rules and by-laws. 11. Regulation of courses of instruction. 12. Degrees. 13. Election of officers. 14. Rifle range. NORMAL DEPARTMENT. 15. Normal department. MASSACHUSETTS AGRICULTURAL EXPERI- MENT STATION. 16. Name and character of station. Sect. 17. Nature and scope of experimental work. 18. Officers to be appointed. 19. Publications by trustees. 20. Publications by director. 21. Fee for testing poultry. EXPERIMENTAL FARM AND BRANCH STA- TIONS. 22. Experimental farm to be maintained. Labor of students. 23. Stations for market gardening and cranberry and tobacco growing. EMPLOYEES. 24. Status of employees. SALE OR LEASE OF LANDS. 25. Sale of land. 26. Lease of land. 27. Form and operation of deeds and leases. 28. BuUdings on leased land liable to taxation. MOUNT TOBT STATE DEMONSTRATION FOREST. 29. Powers and duties of trustees as to forest. 30. Instruction in forestry. Section 1. The Massachusetts agricultural college shall AgSt3**^ continue to be a state institution. ises. 220, § 1. SSfLu- 1864. 223, § 1. 1918, 262, § 1. tution. 1911, 311. 3 Op. A. G.308, 460. 68 LAWS RELATING TO EDUCATION. [Chap. 75. Object of in- stitution. 1863. 220, § 1. 1918, 262, § 6. Determination of place of meeting. Quorum. 1863, 220, § 2. May have common seal. 1863, 220, § 3. Expenditure of appropria- tions. 1918, 262, § 4. 1919, 350, § 56. Accounting. 1894, 143, § 4. 1908, 460, § 3. 1909, 436, §§3,4. 1910, 627, §§3,4. 1911, 592, §§ 2, 3. 1912, 705, §§ 2, 3. 1918. 262, § 4. Section 2. The leading object of the college shall be to teach subjects relating to agriculture and the mechanic arts, so as to promote liberal and practical education. Its curriculum may include other scientific and classical studies and shall include military tactics. Section 3. The trustees shall determine the time and place of their meetings and the manner of giving notice thereof. Nine members shall be a quorum. 1918, 262, § 2. 1919, 350, § 56. Section 4. The college may have a common seal, which may be altered by the trustees. i9i9. 350, § 56. Section 5. Expenditures for maintenance shall be au- thorized by the trustees or by their duly appointed com- mittee. The expenditure of special appropriations shall be directed by such trustees, and shall be authorized and ac- counted for as are appropriations for maintenance. Section 6. A complete accounting of receipts and expenditures shall be made to the governor annually. Monthly statements of receipts and expenditures shall be made to the state auditor by the treasurer, who shall keep complete records and files of pay rolls and bills in his office. There shall be a complete audit of the accounts of the college, including receipts and expenditures, under the direction of the trustees, at least twice a year. Management of special trusts. In- vestment of funds. 1863, 220, § 4. 1911,311, § 1. 1918, 262, § 3. 1919, 350, § 56. 2 Op. A. G. 359. SPECIAL trusts. Section 7. The trustees shall administer property held in accordance with special trusts, and shall also administer grants or devises of land and gifts or bequests of personal property made to the commonwealth for the use of the college, and execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities. Report. Printing. 1863, 220, § 5. 1871, 378, § 1. P. S. 4, § 9. 1882, Res. 31; 212, § 3. 1883, 105. 1884, Res. 46. 1885, 369, § 1. 1888, 256, § 2. 1889, 164, §§ 1,2; 440, § 7. REPORT. Section 8. The commissioner of education shall make an annual report, which, with appendices, may be printed in six parts, as follows: part one, the report of the trustees; part two, the report of the president and other officers of administration; part three, the catalogue of the college; part four, the report of the director of the Massachusetts agricultural experiment station and other officers; part Chap. 75.] MASS. AGRICULTURAL COLLEGE. 69 five, the detailed reports of the experiment station; and }||4'foT"H3 part six, the report of the director of the extension fstv^Hi^// service. r. l. 9, § 7. 1908, 459, §§ 1, 3. 1914, 91, § 1. 1919, 350, § 56. 1910, 429, § 1. 1916, 233, § 1. 3 Op. A. G. 308. KEGULATION OF COLLEGE. Section 9. The trustees shall, on behalf of the com- Management of monwealth, manage and administer the college and all 1^63, 220^^"^^ " property, real and personal, belonging to the common- H^^g- ^^^g . ^ wealth and occupied or used by the college, and shall keep JfY^o^.^fL in repair houses, buildings and equipment so used or i9i9, 350. § 56. occupied. Section 10. The trustees shall make reasonable rules Rules and and by-laws consistent with law, with reasonable penalties, 1863, 220, § 2. for the government of the college and for the regulation ^^^^' ^^^' ^ ^^' of their own body. Section 11. The trustees shall determine and regulate Regulation of instruction in the college. i863, 220, §§ 2. 6. i864. 223, § 2. struction. 1918, 262, § 6. 1919, 350, § 56. 2 Op. A. G. 84. Section 12. The trustees may confer such appropriate Degrees, degrees as they may determine and prescribe. wis. 262; § 3. 1919, 350, § 56. Section 13. The trustees shall elect the president, Election of necessary professors, tutors, instructors and other officers 1863,220, of the college and fix their salaries and define the duties 1918,262, and tenure of office. Incumbents of the above offices on 1919, 350. § 56. May thirty-first, nineteen hundred and eighteen, shall con- tinue in ofiice for the terms for which they were originally elected unless sooner removed. Section 14. The trustees shall maintain the rifle range Rifle range, heretofore established by law for the use of the military 1919; 350,' § 56. department of the college, and shall use therefor the land, buildings and equipment heretofore acquired therefor. The trustees shall permit the militia of the commonwealth to use such range when such use does not interfere with use by the college. NORMAL department. Section 15. The trustees may maintain a normal de- Normal de- partment of the college for the instruction in the elements igoSi § 7._ of agriculture of persons desiring to teach such elements in ^^^^' ^^°' * ^^- 70 LAWS RELATING TO EDUCATION. [Chap. 75. public schools, at a cost not to exceed five thousand dol- lars annually, if fifteen persons present themselves for such instruction. Name and character of station. 1882, 212. § 1. 1887, 31, § 1. 1894, 143, §§ 1,3. 1895, 57, § 1. 1907, 66, § 1. 1918, 262, § 6. 1919, 350, § 66. Nature and scope of ex- perimental work. 1882, 212, § 5. 1894, 143, § 3. 1919, 185; 350, § 56. OflBcers to be appointed. 1882, 212, § 5. 1894. 143, § 3. 1919, 350, § 56, Publications by trustees. 1882, 212, § 5. 1894, 143, § 3. 1919. 350, § 56. Publications by director. 1873, 312, § 3. 1874. 206. § 4. 1878. 258. § 4. IVL^SSACHUSETTS AGRICULTUEAL EXPERIMENT STATION. Section 1G. The trustees shall maintain at the college an agricultural experiment station, to be known as the Massachusetts agricultural experiment station, and shall use therefor the land, buildings and equipment heretofore acquired therefor and owned by the commonwealth. Such station shall be a part of the college. Section 17. The trustees shall cause experiments and investigations to be made at said station in the following subjects : First, The causes, prevention and remedies of diseases of domestic animals, plants and trees; Second, The history and habits of insects destructive to vegetation, and the means of abating them; Third, The manufacture and composition of both foreign and domestic fertilizers, their values and adaptability to different crops and soils; Fourth, The values, under all conditions, of forage, grain and root crops, as food for farm animals, for various pur- poses; Fifth, The comparative value of green and dry forage, and the cost of producing and preserving them in the best condition; Sixth, The adulteration of any article of food intended for the use of men or animals; Seventh, Testing poultry to eliminate disease; Eighth, Other subjects deemed advantageous to agri- culture and horticulture in the commonwealth. Section 18. The trustees shall appoint a director of said station, a chemist and necessary assistants, and shall provide and maintain suitable and necessary appliances for the purposes specified in the preceding section. Section 19. The trustees shall publish bulletins con- taining the results of experiments and investigations by the station except under the following section, and shall distribute such bulletins to residents and newspapers of the commonwealth applying therefor. Section 20. The director may from time to time pub- lish in reports, bulletins, special circulars or otherwise, the results of analvses of commercial fertilizers and feedstuffs Chap. 75.] MASS. AGRICULTURAL COLLEGE. 71 made under sections two hundred and twenty-five to two P.s.eo, §11. hundred and thirty-five, two hundred and fifty to two §§^;|^*^' hundred and fifty-four and two hundred and fifty-six to §§f'|^''' tw^o hundred and sixty-one, all inclusive, of chapter ninety- ]^^l' ^^^' § ^■ four. Publications relative to fertilizers shall contain the §§ i^, is. cost of equivalent amounts of nitrogen, phosphoric acid, Itof. III'. ^ ^ and potash or unmixed materials when bought on the §f7;f2^.^' market at retail for cash. Publications relative to both ifg.'iT' fertilizers and feedstuffs shall contain such additional in- formation as to the character, composition, value and use of the fertilizers and feedstuffs analyzed as the director may see fit to include. Section 21. A fee of not more than seven cents may Fee for be charged for each test of poultry made under section poultry seventeen. i9i9. iss. EXPERIMENTAL FARM AND BRANCH STATIONS. Section 22. The trustees shall maintain and manage Experimental an experimental farm to be known as the college farm and maiStl'ii!'^. shall use therefor the land heretofore acquired therefor, ^ttdentl Their rules and by-laws shall make just and reasonable Igig' |1^' | 56 provision for manual labor on said farm by students of the college. Section 23. The trustees shall maintain the experi- stations for ment stations heretofore authorized by law for practical d'eS^^nd demonstrations in market gardening and of experimental anTtobZcco work in planting and growing cranberries and tobacco, fgioj Res. 100 and shall use therefor the land, buildings and equipment J^g^^^-^ff^- ^^^• heretofore acquired therefor. 1917, rm. 25; 1918, Res. 56. 1919, 350, § 56. EMPLOYEES. Section 24. Employees of the college shall be exempt status of p . ., . , -^ " ° ^ employees. from civil service laws, i9i8, 262, § 5. sale or lease of lands. Section 25. Subiect to section twenty-seven the trus- saieofiand. tees may sell and convey, in the name of and for the igis! Sp. 329, commonwealth, to any professor, instructor, teacher or 1919,^350, § 56. employee of said college, or to any society, association or fraternity established thereat, land owned by the com- monwealth in Amherst or Hadley. Not more than one acre shall be so sold and conveyed to any one such person 72 LAWS RELATING TO EDUCATION. [Chap. 75. Lease of land. 19U, 409. 1919. 350, § 56. Form and operation of deeds and leases. 1911, 409. 1912, 638. 1915, Sp. 329, §§ 1. 3. Buildings on leased land liable to taxation. 1911, 409. or organization. Such conveyances shall contain neces- sary restrictions and conditions. Section 26. Subject to section twenty-seven the trus- tees may, in the name of and for the commonwealth, lease to any professor, instructor, teacher or employee of said college, or to any society, association or fraternity estab- lished thereat, land in Amherst or Hadley owned by the commonwealth, for the erection and maintenance of suitable dwellings thereon, at the sole expense of the lessee and for the lessee's use and occupancy. Not more than one half an acre shall be so leased to any one such person or organization. Such leases shall contain such written terms, conditions, restrictions and reservations as the parties agree upon. Section 27. No sale or conveyance under section twenty-five shall become operative until it is approved by the governor and council, and no lease under section twenty-six shall become operative until the form thereof is approved by the governor and council. Section 28. The lessee and his assignees shall be liable to taxation upon any building erected on land leased under section twenty-six to the extent of its value as determined by the assessors of the town wherein the land lies. MOUNT TOBY STATE DEMONSTRATION FOREST, Section 29. The trustees shall protect and maintain the land owned by the commonwealth situated on or about Mount Toby, so-called, in Sunderland and Leverett, known Powers and duties of trustees as to forest. 1916, 234. 1919, 350, § 56. as the Mount Toby state demonstration forest. Instruction SECTION 30. Thc trustccs shall use so much of such in lorestry. o • • • p 1919 350* I 56 ^^"^ ^^ ^^^y ^^^^^ determine for instruction in forestry ' and as a laboratory for research and illustration in eco- nomic questions, and for practical work in the conserva- tion and use of forest tracts and farm wood lots. Reference. Authority of director to enforce §§ 25 to 31. 225 to 235, 250 to 254 and 256 to 261, all inclusive, of chapter 94, relative to measuring devices and testing machines for milk, and commercial fertilizers and commercial feed- ing stuff, Chap. 94, §§ 30, 235, 260, Chap. 76.] SCHOOL ATTENDANCE. 73 CHAPTER 76. SCHOOL ATTENDANCE. Sect. 1. School attendance regulated. 2. Duties of parents, etc., as to school attendance. Penalty. 3. Certain illiterate minors to attend evening schools. 4. Penalty for inducing absence of minors, etc. 5. Where children may attend. 6. Attendance in places other than residence of parent or guardian. TUmON OP PUBLIC CHARGES. 7. Tuition of certain public charges. 8. Transportation of same. Sect. 9. High school tuition of same. 10. Payment of accounts as to same. 11. Tuition of inmates of certain institu- tions. 12. Attendance outside place of residence. 1.3. Transfer cards. 14. Transportation of children living upon islands. EXCLUSION FBOM SCBOOU 15. Vaccination. 16. Exclusion from school, action for. 17. Pupil not to be excluded without hear- ing. Section 1. (As amended by chapter JfiS, Acts of 1921.) fttL*^dance Every child between seven and fourteen, every child under regulated. sixteen who does not meet the requirements for the com- §§ i,'2, 4.' pletion of the sixth grade of the public schools of the 1873, 279, § 1. town where he resides, and every child under sixteen ex- ^^i!^7% f/' cept a child holding an employment certificate as provided Hgolllt'. ^ ^' in chapter one hundred and forty-nine and employed in Jgg^'fgg. some regular employment or business for at least six hours joq^VqV per day, and except a child having the written permission §§ 12.31.' of the superintendent of schools of the town where he 1905; 326. resides to engage in profitable employment at home, shall, 1913; 779; subject to section fifteen, attend a public day school in flis^ |i, § 1 said town or some other day school approved by the J^i9. 28I; 291. school committee, during the entire time the public schools }4| ^^ss 623' are in session, unless the child attends school in another 159 Mass! 372! town, during the entire time the same is in session, under 196 Mass! 309. sections six to twelve, inclusive, or under chapter seventy- op.'a'g. "^ one; but such attendance shall not be required of a child op.^A. g. whose physical or mental condition is such as to render (i^^o) 112. attendance inexpedient or impracticable, or who is being otherwise instructed in a manner approved in advance by the superintendent or the school committee. The super- intendent, or teachers in so far as authorized by him 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. 74 LAWS RELATING TO EDUCATION. [Chap. 76. Duties of parents, etc., as to school attendance. Penalty. 1873, 279, § 1. 1878, 171, § 1. P. S. 47, § 2. 1889, 464, § 2. 1894, 498, § 2. 1898, 496, § 12. R. L. 44, § 1. 1905, 320. 1906, 383. 1913, 779, § 2. 1915, 81, § 2. 148 Mass. 623. 159 Mass. 374. Certain illiterate minors to attend evening schools. 1913, 467, §§ 1-3. 1916, 82. § 1. Penalty for in- ducing ab,sence of minors, etc. 1894, 498. § 22, 1898, 496, § 31 R. L. 44, § 1. 1905, 320. 1906. 383. 1913.467, §4; 779. § 2. For the purposes of this section, school committees shall approve a private school only when the instruction in all the studies required by law is in English, and when satis- fied that such instruction equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town; but they shall not withhold such approval on account of religious teaching. The school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith. Section 2. Every person in control of a child de- scribed in the preceding section shall cause him to attend school as therein required, and, if he fails so to do for seven day sessions or fourteen half day sessions within any period of six months, he shall, on complaint by an attendance officer, be punished by a fine of not more than twenty dollars. No physical or mental condition capable of correction, or rendering the child a fit subject for special instruction at public charge in institutions other than public day schools, shall avail as a defence unless it appears that the defendant has employed all reasonable measures for the correction of the condition and the suit- able instruction of the child. Section 3. Everv illiterate minor between sixteen and twenty-one, except a married woman, shall attend some public evening school, if any, in the town of his residence, for the whole time during which the public evening schools are in session, unless he attends a public day school, or a private school approved as provided in section one by the school committee, or unless his physical or mental condition is such as to render his attendance harmful or impracticable. Wilful violation of this section by such a minor shall be punished by a fine of not less than five dollars; failure for six sessions within a period of one month by any person in control of such a minor to cause his attendance, shall, on complaint by an attendance officer, be punished by a fine of not more than twenty dollars. Section 4. Whoever induces or attempts to induce a minor to absent himself unlawfully from school, or un- lawfully employs him or harbors a minor who, while school is in session, is absent unlawfully therefrom, shall be pun- ished by a fine of not more than fifty dollars. 1915. 81, § 2. Chap. 76.] SCHOOL ATTENDANCE. 75 Section 5. Every child shall have a right to attend ^jj^f^^ ^ the public schools of the town where he actually resides, attend" "^^^ subject to the following section, and to such reasonable lirJ; III] § t; regulations as to numbers and qualifications of pupils to aa"4r§§3,9. be admitted to the respective schools and as to other f§ 4; to", school matters as the school committee shall from time §fi'iT' to time prescribe. No child shall be excluded from a pub- Jf ^^' ttW' lie school of any town on account of race, color or religion. i9ii;268, § i. 12 Allen, 127. 195 Mass. 29. * ^^^^' "^' ^ ^• Section 6. If a child described in section one resides Attendance in temporarily in a town other than the legal residence of tre'^sidence his parent or guardian for the special purpose of there gJS "' attending school, the said town may recover tuition from g\^]P§7 the parent or guardian, unless under section twelve or isre', im, § 2. chapter seventy-one, such tuition is payable by a town. 1894,498! f'g. Tuition payable by the parent or guardian shall, for the S, III § 8. period of attendance, be computed at the regular rate fgos; 375.^ ^' established by the school committee for non-resident \l\l] 779; | f pupils, but in no case exceeding the average expense per \l\^' H^ pupil in such school for said period. ci. (a). 103 Mass. 104. 4 Op. A. G. 331, 340. TUITION OF PUBLIC CHARGES. Section 7. (.4^ amended by chapter 272, Acts of 1921.) ^"^ahrp°Jbiic For the tuition in the public schools of any town of any J89g'^fg2 child over five \ears placed elsewhere than in his home isss,' 496! § s! town by, or there kept under the control of, the depart- i905, 375. ^' ment of public welfare or the trustees for children of 1913,' 779; § 1 Boston, the commonwealth or Boston, from its appropria- Iglgjlgi. tion for school purposes, shall pay to said town for each f^f^' ^^°' day of attendance in a public elementary school an amount 1921,272. charged by the school committee but not at a rate in excess of the expenditure per pupil for support, exclusive of general control, of the public day elementary schools in said town for the next preceding school year based on the average membership of such schools as printed in the annual report of the department of education, and, for at- tendance in a public junior or senior high school, the regular rate established by the school committee for non- resident pupils, filed with and approved by the depart- ment of education. Section 8. For transportation to and from a public Transportation school of any child whose tuition is payable by the com- i898, 496. § s. 76 LAWS RELATING TO EDUCATION. [Chap. 76. R. L. 44, § 4. 1905, 375. 1911, 208, § 2. 1913, 779. § 4. 1919, 291, cl.(c). High school tuition of same. R. L. 44, § 4. 1919, 291, cl. (d). 1 Op. A. G. 319 2 Op. A. G. 98. Op. A. G. (1918) 39. Op. A. G. (1920) 295. Payment of accounts as to same. 1896, 382, § 2. 1898, 496, § 8. R. L. 44, §4. 1905, 375. 1911, 268, § 2. 1913, 779, § 4. 1919, 291, cl. (e). Tuition of inmates of certain in- stitutions. 1898, 496, § 8. R. L. 44. § 4. 1905, 375. 1911, 268, § 2. 1913, 779, § 4. 1919.291, cl.(/). Attendance outside place of residence. 1857, 132. G. S. 41. § 7. 1876, 186, § 2. P. S. 47, § 8. 1894, 498, § 8. 1898, 496, § 10. Transfer cards. 1915, 94. monwealth or by Boston under the preceding section, the commonwealth or Boston, as the case may be, shall pay to the town furnishing the same, for each week of five days or major part thereof, a sum equal to the average amount per week for each child paid by it for like trans- portation over the same route. Section 9. If a town where a child is placed or kept under section seven does not maintain a public high school offering four years of instruction, he may, subject to sec- tion six of chapter seventy-one, attend the public high school of another- town, but the commonwealth or Boston, as the case may be, shall reimburse the town where he is so placed or kept for tuition paid by it on his account, and for the entire cost of his transportation. Section 10. (As amended by chapter 214, Acts of 1921.) Settlements of the accounts of the several towns under the three preceding sections with the commonwealth and with Boston shall be made annually on July first, and the amounts found due shall be paid within three months thereafter. i92i, 214. Section IL For tuition in the public schools in any town of less than ten thousand inhabitants of any child between the ages of five and fifteen not theretofore resi- dent in such town, who is an inmate of an institution con- taining more than six inmates, the town may recover from the institution the school expense incurred by reason of the school attendance of such child, to be determined jointly by its school committee and the trustees or man- agers of the institution, or, in case of their disagreement, by the probate court; but no demand shall be made upon said trustees or managers without a vote of the town. Section 12. Any child, with the consent of the school committee of the town where he resides, may attend, at the expense of said town, the public schools of another town, upon such terms as may be fixed by the two com- mittees. R. L. 44, § 5. 103 Mass. 104. 1 Op. A. G. 427. 3 Op. A. G. 315. Section 13. When any child described in section one leaves the school or institution where he is being educated because of change of residence to another town in the commonwealth, the superintendent of schools, in the case of a public school, or otherwise the person in charge, shall furnish such child a transfer card containing his name, age, grade in school, and in every case possible, his new street Chap. 76.] SCHOOL ATTENDANCE. 77 and number, and shall forthwith send a duplicate thereof to the superintendent of schools of the town where the child is to reside. Section 14. The department of education may pro- xransportat vide transportation to and from school, or board in olace .9^ children .1 e p ii'ii pii ,. living upoi upon thereof, for such children of school age as live upon is'ands islands within the commonwealth that are without schools, i9i9! 292; § 5; in cases where the local authorities are not required by Op° aM^^^' law to provide such transportation. (1920)27. EXCLUSION FROM SCHOOL. Section 15. An unvaccinated child shall not be ad- vaccination. mitted to a public school except upon presentation of a af.'ffil.^' certificate like the physician's certificate required by sec- f8l4;^64^ ^• tion one hundred and eighty-three of chapter one hundred i|8|' ]9| and eleven. A child from a household where a person is §§9.'io. ' ill with smallpox, diphtheria, scarlet fever, measles, or any r.^l:44!^§V^" other infectious or contagious disease, or from a household 1907; III: exposed to contagion from any such disease in another JgsVa^s. 29. household, shall not attend any public school during such illness or exposure until the teacher of the school has been furnished with a certificate from the local board of health, or from the attending physician, stating that danger of conveying such disease by such child has passed. Section 16. The parent, guardian or custodian of a Exclusion child refused admission to or excluded from the public ISn'for'' schools shall on application be furnished by the school Ipjise; committee with a written statement of the reasons there- ^^ |~4i for, and thereafter, if the refusal to admit or exclusion was Pg°:;^7^- unlawful, such child may recover from the town in tort, §§'11-13. 1 . 1 P 1 • 1894,498, and may examine any member 01 the committee or any §§ 12-14. other officer of the town, upon interrogatories. R. L. 44, §7. 116 Mass. 365. 211 Mass. 66. 23 Pick. 224. 133 Mass. 103. 216 Mass. 19. 8 Gush. 160. 181 Mass. 127. 221 Mass. 427. Ill Mass. 499. 186 Mass. 456. 229 Mass. 304. Section 17. A school committee shall not permanently Pupiinotto exclude a pupil from the public schools for alleged mis- wtthout ^ conduct without first giving him and his parent or guardian r;'l'.'4^4, § 8 an opportunity to be heard. lesMass. 460. 186 Mass. 456. 216 Mass. 19. 211 Mass 66. 229 Mass. 304. 78 LAWS RELATING TO EDUCATION. [Chap. 77. CHAPTER 77. SCHOOL OFFENDERS AND COUNTY TRAINING SCHOOLS. Sect. 1. Certain counties to maintain training schools. Commitments from and payments by other counties. 2. Visitation by certain state depart- ments. 3. Habitual truants. 4. Habitual absentees. 5. Habitual school offenders. 6. Support of inmates. 7. Probation. Sect. 8. Permits to be at liberty. Discharge. 9. Temporary release. 10. Disposition of unruly inmates. 11. Jurisdiction. ATTENDANCE OFFICERS. 12. Attendance officers. 13. Duties of attendance officers. 14. Chapter not to affect certain special laws. Certain counties to maintain training schools. Commitments from and payments by other counties. 1873. 262, § 5. 1881. 144. P. S. 48, § 14. 1884, 155. 1886, 282. 1890. 309. 1894, 498, § 16. 1895, 216. 1896, 360. 1898. 496, § 22. 1901, 299. R. L. 46. § 1. 1902. 256. 1906, 148. 1908. 103. 1913, 779, § 5. 1918, 257, § 184. 1919, 5. 1920, 2; 40. 1921, 173. Op. A. G. (1920) 242. Section 1. (.45 amended hy chapter 173, Acts of 1921.) The county commissioners of each county, except Barn- stable, Berkshire, FrankHn, Hampshire, Dukes, Nantucket and Suffolk, shall maintain either separately or jointly with the commissioners of other counties as hereinafter provided, in a suitable place, remote from a penal institu- tion, a school for the instruction and training of children committed thereto as habitual truants, absentees or school offenders. The commissioners of two or more counties may, at the expense of said counties, establish and main- tain a union school to be controlled by the chairmen of the commissioners of said counties. The chairmen of the commissioners of Norfolk, Bristol and Plymouth counties, having the management of the Norfolk, Bristol and Plym- outh union training school, shall each be paid the sum of one hundred dollars annually by their respective counties. The commissioners of Barnstable, Berkshire, Franklin, Hampshire, Dukes and Nantucket counties shall assign a training school established by law as the place for the in- struction and training of children so committed within their respective counties, and shall pay for their support in said school such reasonable sum as the commissioners having control of said school may fix. Commitments from Boston, Chelsea, Revere and Winthrop shall be to the training school for Middlesex county. The town from which an habitual truant, absentee or school offender is committed to a county training school shall pay to the county maintaining it two dollars a week toward his support, and reports of the condition and progress of its pupils in said school shall be sent each Chap. 77.] SCHOOL OFFENDERS, ETC. 79 month to the superintendent of schools of such town; but Boston, Chelsea, Revere and Winthrop shall pay to Middlesex county, for the support of each child com- mitted to the training school of said county, two dollars and fifty cents a week, and an additional sum for each child sufficient to cover the actual cost of maintenance. Section 2. County training schools shall be subject to visitation by visitation by the departments of education and of public departments. welfare, and said departments shall report thereon annu- Il^l! lef § 2.^^" ally to the general court. i9i9, 35o, §§ 56, 87. Section 3. A child between seven and sixteen who wil- Habitual fully and habitually absents himself from school contrary 1873^^62, § 3 to section one of chapter seventy-six, shall be deemed an ^gg^g ^24*9^ §1 habitual truant, and, unless placed on probation as pro- is^^! 498! § 21. vided in section seven, may, on complaint of an attend- R- l' 46, § 3. ance officer, be committed to a county training school. 1904! 220! § i. 1906, 389. 1913, 779, §§6, 25. Section 4. • A child between seven and sixteen found Habitual wandering about streets or public places, having no lawful i898, 496,_§ 25. occupation, habitually absent from school and growing up 1903; 33b, § 2. in idleness and ignorance, shall be deemed an habitual 1913; 779! § 7. absentee, and, unless placed on probation as provided in section seven, may, on complaint of an attendance officer or any other person, be committed to a county training school. Section 5. A child under sixteen persistently violating Habitual school reasonable regulations of the school he attends, or other- i889, 249, § 2. wise persistently misbehaving therein, so as to render him- \llt\ IH^ | ll[ self a fit subject for exclusion therefrom, shall be deemed fgoajssb.S^ an habitual school offender, and, unless placed on proba- J^o^- 220, § 3. tion as provided in section seven, may, on complaint of an attendance officer, be committed to a county training school. Section 6. The court or magistrate by whom a child f"PP°^ °^ has been committed to a county training school may make J^g^, 496 §27. , , . , 1 1 • , '^ , , . R. L. 46, § 6. an order relative to the payment by his parents or by his 1913, 779, § 9. guardian out of the ward's property to the county of the § isl cost of his support while in said school, and may from 1920! 2! time to time revise or alter such order or make a new fi^20)^'2- order as the circumstances of the parents or ward may justify. Section 7. A court or magistrate by whom a child fg'°|*^'°°- § 2?. has been convicted of an offence under this chapter may R- ^- ^e. § 7. place him on probation under the oversight of an attend- 80 LAWS RELATING TO EDUCATION. [Chap. 77. ance officer of the town where the child resides, or of a probation officer of said court, for such period and upon such conditions as the court or magistrate may deem best; and if, within such period, the child violates the condi- tions of his probation, such attendance or probation officer may, without warrant or other process, take the child be- fore the court, who may thereupon sentence him or may make any other lawful disposition of the case. Permits to be SECTION 8. If the couutv commissioncrs deem it for Discharges. the best interest of any child committed to a county train- i89s; 496; § 29; ing school uudcr their control, after notice and an oppor- R. L 46, § 8. tunity to be heard has been given to the superintendent of 1913! 779, lib. schools, if any, otherwise to the school committee of the town from which such child was committed, they may per- mit him to be at liberty upon such conditions as they deem best; or, with the approval of the court which im- posed the sentence, they may discharge him from said school. Thereupon they shall enter upon their records his name, the date of parole or discharge and the reason there- for; and a copy of such record shall be transmitted to the court by which, and to the school committee of the town from which, he was committed. If such child, in the opinion of the commissioners, violates the conditions of his parole at any time before the expiration of the term of his commitment, the parole may be revoked. If a superintendent or a school committee furnishes evidence satisfactory to the commissioners of the child's violation of said conditions, the commissioners shall revoke such parole, and may thereupon issue an order directed to the attendance or police officers of any town to arrest such child wherever found and return him to said school. Any such officer shall arrest the child and return him to said school, where he shall be held, subject to this chapter, for the residue of the term of the original sen- tence. The expense of such arrest and return, so far as ap- proved by the commissioners, shall be paid by the county maintaining said school. A child who has been committed to a county training school shall be discharged from the custody and care of such school upon his becoming sixteen, whether then confined therein, or on parole. SSse'^^ Section 9. If a near relative of a child confined on a R ^L 46^5 9 sentence as an habitual truant, habitual absentee or ha- 1903.308. bitual school offender dies or is seriously ill, any member Chap. 77.] SCHOOL OFFENDERS, ETC. 81 of the trustees or county commissioners having charge of the institution may order such child released for a speci- fied time, either in the custody of the superintendent or other oflBcer or not, 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 where the child is confined. Section 10. An inmate of a county training school Pf'u''n°^[y°'* persistently violating reasonable regulations thereof, or i,"'?^*!!:, , ,„ ^ ., o'l • 11 1- lo98, 49b, § 30. guilty or mdecent or immoral conduct, or otherwise R L- 46, § lo. • . • 1903 330 5 4 grossly misbehaving, so as to render himself an unfit lois! 779', § 11. subject for retention therein, may, on complaint of the § ise. ' officer in control of said school be committed, if a boy, }92o;2; under fifteen, to the Lyman school for boys, or, if over fifteen, to the industrial school for boys; or, if a girl, to the industrial school for girls. Section 11. District courts, except the municipal i873^262°§'4 court of Boston, trial justices and the Boston juvenile ^gg^^j^g^^jg^ ^^■ court shall have jurisdiction of offences arising under sec- 1894; 493; § 15. tion one of chapter seventy-six and under this chapter. A r. l!46, § 11. ' summons or warrant issued by such court or justice may \fll\ tll\ ^ ^' be served, at the discretion of the court or justice, by an ^^ ^^' ^^• attendance officer or by any officer qualified to serve crim- inal process. On complaint against a child for any such offence, his parents, guardian or custodian shall be noti- fied as required by section fifty-five of chapter one hun- dred and nineteen. A child against whom complaint as an habitual absentee is brought by any other person than an attendance officer shall not be committed until notice and an opportunity to be heard have been given to the division of juvenile training in the department of public welfare, ATTENDANCE OFFICERS. Section 12. Every school committee shall appoint and ^^^^Trs^"'^ fix the compensation of one or more attendance officers, Jl^JIglfl who may be either male or female, and shall make regu- [• s/48.g^ ^io lations for their government. Such officers shall not re- isgs! 496! §^ 33! ceive fees for their services. The committees of two or 1912; 552; 71"!. more towns may employ the same attendance officers. ^^^^- '^'^^- ^ ^^■ Section 13. Attendance officers shall inquire into all ^^"^^^1°^^^ cases arising under sections one, two, four to eleven, in- ^^{.^^l^^. § 2. elusive, and fifteen of chapter seventy-six, sections three, p. s.'48. § u." 82 LAWS RELATING TO EDUCATION. [Chap. 78. 1I94'. 498, § 23. four, five and eight of this chapter and sections ninety, 1898, 496 1^34. ninety-two, ninety-three and ninety-five of chapter one 1913, 779. § 12. hundred and forty-nine, and may make complaints and serve legal processes issued under this chapter. They shall, if the court so orders, have oversight of children placed on probation under section seven; of children suf- fering want to whom sections forty-nine to fifty-one, m- clusive, of chapter one hundred and nineteen apply; of minors licensed by the school committee under section nineteen of chapter one hundred and one; and of children admitted to or attending shows or entertainments con- trary to section one hundred and ninety-seven of chapter one hundred and forty. They may apprehend and take to school without a warrant any truant or absentee found wandering in the street or public places. Section 14. Nothing contained in this chapter shall affect chapter two hundred and two of the acts of nine- teen hundred and eleven or chapter seven hundred and thirty-eight of the acts of nineteen hundred and fourteen relative to truants, absentees and school offenders in Boston. Chapter not to affect cer- tain special laws. 1911, 202. 1914, 738. CHAPTER 78. LIBRARIES. Sect. general provision. 1. Existing corporations. 6. L.VW LIBRARIES. Organization of county law libraries. Use of libraries. Payments to county law libraries. Treasurer to give bond. County law libraries to receive legis- lative documents. Law libraries to receive certain docu- ments. PUBLIC LIBRARIES. 7. Cities and towns may establish public libraries. 8. Publie libraries may lend books. 9. Books sent to public libraries may be returned. Sect. 10. Trustees of town libraries. 11. Powers and duties of trustees. 12. Trustees to make report. 13. Law libraries not affected by three preceding sections. BOARD OF FREE PUBLIC LIBRARY COM- MISSIONERS. 14. Annual report. 15. Board to advise officials of public libraries. 16. Purchase of books for towns having no public library. 17. Acceptance of law by towns. 18. Limit of appropriations for libraries in towns. 19. Board may aid public libraries. 20. Examination and registraticm of li- brarians. 21. Certain sections not applicable to cities. Chap. 78.] LIBRARIES. 83 GENERAL PROVJSION. Section 1. Library corporations and associations which Existing have been legally established shall continue to have all R.'E^s^s.'Ti'. the powers and privileges and be subject to all the duties and restrictions attaching thereto. LAW LIBRARIES. Section 2. Attorneys at law who have been admitted O/ganization f , 1111°' county law to practice in the courts or the commonwealth and who I'^o^q^' s are resident in a countv for which there is no law library isse; m. association may organize, under chapter one hundred and p." s.' 40 ' § 2.' eighty, by the name of the Law Library Association for ^' ^" ^^' ^ ^' such county, and may adopt by-laws which shall be sub- ject to the approval of the superior court. Section 3. Inhabitants of the county shall, subject to Use of the by-laws, have access to the library and the books isizr&i'. § 2. therein. g. s. 33, § 5. p. s. 40, § 5. r. l. 38, § 3. Section 4. County treasurers shall annually pay to Payments to the law library associations in their respective counties all fibraries.*^ sums which are paid into county treasuries during the year Jiv^e^bo^nd.*° by the clerks of the courts to an amount not exceeding two cf^l'ls'll' thousand dollars in any year. They may also pay to said ^^|^'4^o^- associations such further sums as the county commis- §§ e. 7.' . , , All -1 1882, 246. sioners consider necessary and proper. All sums so paid 1897. 505. shall be applied to maintain and enlarge such libraries for 1912; 241. the use of the courts and of citizens. The treasurer of 2^op' a.°g. a. every law library association, and of every bar association having in charge a law library supported in whole or part by the county, before receiving any money from the county treasurer shall give bond, with sureties to the satisfaction of the county commissioners, conditioned for the faithful application of such money and for an annual return under oath to the county treasurer of the manner in which it has been expended, with items of all receipts and expen- ditures and proper vouchers therefor. Section 5. Each law library association shall be enti- ff^^^g^^^^g'^J' tied to receive from the sergeant-at-arms, immediately receive legisia- after their publication, one copy of the volume of the ments. legislative documents of the senate and house, the journal p. s.'40, § 8. of the senate and the journal of the house. ^- ^- ^^' ^ ^- 84 LAWS RELATING TO EDUCATION. [Chap. 78. t'oTeSve'iw- Section 6. All incorporated law libraries in the com- 19^^209™^'^*^" monwealth shall be entitled to receive from the officers charged with the distribution of the same copies of all books and documents to which the county law libraries are entitled by law, and one additional copy for each branch library maintained by them. PUBLIC LIBRARIES. fiwnlmay Section 7. A towu may establish and maintain public libraries^ ^"^''*' libraries for its inhabitants under regulations prescribed 1851, 3o'5, by the city council or by the town, and may receive, hold and manage any gift, bequest or devise therefor. The city council of a city or the selectmen of a town may place in such library the books, reports and laws which may be received from the commonwealth. 1,3. G. S. 33, §§ 8, 9. 1866, 222. 1871, 26. P. S. 40, §§9-11. Public libraries may lend , books. 1911, 140. 1914, 118. Books sent to public libra- ries may be returned. 1913, 93. 1919, 350, § 24. Trustees of town libraries. 1888, 304, §§ 1. 2, 5. 1889, 112. R. L. 38, § 7. Not applicable to cities. See section 21. R. L. 38, § 6. 10 Allen, 169. 149 Mass. 154. Section 8. Any free town public library may loan its books or other library material to any other such library or to citizens of other towns or non-residents, under such written conditions and regulations as may be made by the board of trustees or other authority having control of the library so loaning. Any town may raise money to pay the expenses of so borrowing books and other library material from the library of any other town. Section 9. If the trustees of any town library shall vote not to keep or receive any of the books and reports which the state secretary is authorized to send thereto, the secretary, at the request of the supervisor of public rec- ords, may discontinue sending them. Any of said books and reports in the custody of any town library may be returned at its expense to the state library, or, with the sanction of the board of free public library commissioners, may otherwise be exchanged or disposed of. Section 10. A town which raises or appropriates money for the support of a free public library, or free public library and reading room, owned by the town, shall, unless the same has been acquired entirely or in part through some gift or bequest which contains other condi- tions or provisions for the election of its trustees, or for its care and management, which have been accepted by the town, elect by ballot at a meeting a board of trustees con- sisting of any number of persons, male or female, divisible Chap. 78.] LIBRARIES. 85 by three, which the town determines to elect. When such board is first chosen, one third thereof shall be elected for one year, one third for two years and one third for three years, and thereafter one third shall be elected annually for a term of three years. The board shall, from its own number, annually choose a chairman and secretary and, if the town so votes, a treasurer, who shall give a bond similar to that given by the town treasurer, in an amount and with sureties to the satisfaction of the selectmen. Until the town otherwise directs the town treasurer shall act as treasurer of the board of trustees. Section 11. The board shall have the custody and dXIs^of"*^ management of the library and reading room and of all trustees. property owned by the town relating thereto. All money R. l! 38, § 8. ' raised or appropriated by the town for its support and Not applicable maintenance shall be expended by the board, and all section 2i. money or property which the town may receive by gift or bequest for said library and reading room shall be adminis- tered by the board in accordance with the provisions of such gift or bequest. Section 12. The board shall make an annual report Trustees to to the town of its receipts and expenditures and of the i888!304?§"6. propertv in its custody, with a statement of any unex- ^' ^' ^^' ^' , ,'^ , ^ J? IP •i>j_ 1 ^ Not applicable pended balance oi money and or any giits or bequests to cities, see which it holds in behalf of the town, with its recommenda- ^^"^'"'^ • tions. Section 13. The three preceding sections shall not ^^^3^''!"^% apply to librarv associations, nor to a library organized three preced- , . , ' , ing sections. under a special act. 1888, 304, § 7. r. l. 38, § 10. BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. Section 14. The commissioner of education shall make Annual report. an annual report of the acts of the board of free public r. l.' 38, § 12! library commissioners, including therein a full detail of ex- 1910; soe! § 2. penditures under section nineteen. 1913, 316. 1914, 373, § 1. 1918, 189. Section 15. The board of free public library commis- Board to sioners shall advise the librarian or trustees of any free ^f pubUc®'"'*'^ public library relative to the selection or cataloguing of \'^^g"||-7 § 2. books and any other matter pertaining to its maintenance R l. 38. § 13. or administration. Section 16. Said board, upon the application of the ^^^^^f^«/^ librarv trustees of a town which has complied with sections towns having 86 LAWS RELATING TO EDUCATION. [Chap. 78. no public library. 1890, 347. § 3. R. L. 38, § 14. Not applicable to cities. See section 21. Acceptance of law by towns. 1890, 344, § 4. R. L. 38, § 16. Not applicable to cities. See section 21. Limit of ap- propriations for libraries in towns. 1890, 347, § 5. R. L. 38, § 17. Not applicable to cities. See section 21. Board may aid public libraries, 1892, 255. 1900, 233. R. L. 38, § 15. 1906, 183. 1913, 316. 1914, 373, § 1. Examination and registra- tion of librarians. 1915, 106. seventeen and eighteen, and which' has no free public Hbrary owned and controlled by the town, may expend not more than one hundred dollars for books to be selected and purchased by said board and delivered to said trustees for the purpose of establishing a free public library. Section 17. A town shall not be entitled to the bene- fits of the two preceding sections until it accepts the same or has accepted corresponding provisions of earlier laws and has elected a board of library trustees as provided in section ten, nor until said trustees have made provision satisfactory to said commissioners for the care and distri- bution of the books furnished by them. Section 18. Such town shall, if its last assessed valua- tion was one million dollars or over, annually appropriate from the dog tax, or otherwise provide for the use and maintenance of its free public library, not less than fifty dollars; if such valuation was less than one million dollars and not less than two hundred and fifty thousand, not less than twenty-five dollars; and if such valuation was •less than two hundred and fifty thousand dollars, not less than fifteen dollars. Section 19. The board of free public library commis- sioners may annually expend a sum not exceeding ten thousand dollars in aid of free public libraries, especially in those towns the valuation of which does not exceed one million dollars. Such aid may include the furnishing of books in small quantities, visits to libraries, the instruction of librarians, and such other means of encouraging and stimulating the small libraries as said board shall deem ad- visable. Section 20. The board may determine by examination or by such rules as it may establish the selection and ap- pointment of supervising librarians and all other library workers who are paid wholly or in part, under the au- thority of said board, by the commonwealth. Such selec- tion and appointment shall not be subject to chapter thirty-one. In order to assist library trustees who seek advice from the board in securing qualified librarians and assistants, the board shall keep a registry of librarians which shall give due credit for experience and successful accomplish- ment as well as for formal examination. Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 87 cities. Section 21. Sections ten to twelve, inclusive, and sec- Certain sec- tions sixteen to eighteen, inclusive, shall not apply to appUcabieto cities. Referbnce.s. In General. Defacement of books, penalty for, Chap. 266, § 99. District libraries, establishment of, Chap. 40, § 44. Disturbance of person in, Chap. 272, § 41. Incorporation of, Chap. 180, § 2. Public documents, to have, Chap. 5, §§3, 4. City and Town Libraries. Appropriations for, authorized. Chap. 40, § 5, cl. 18. Appropriations for, from dog tax. Chap. 140, § 172. CHAPTER 32. RETIREMENT SYSTEMS AND PENSIONS. Sect. retirement system for teachers. 6. Definitions. 7. Teachers' retirement association. 8. Certain duties of the retirement board. 9. Funds of retirement system. 10. Retiring allowances. 11. Same subject. 12. Duties of school committees. 13. Trustees of certain .schools. 14. Treasurers of cities and towns, duties of. 15. Membership in other retirement associations. 16. Reimbursement of cities and towns. 17. Referendum and repeal. 18. Certain sections not applicable to Boston. 19. Persons employed in the public schools and also by the common- wealth. GENERAL PROVISIONS. 32. Certificates of membership. 33. Payments to estates of deceased members. Sect. 35. Violations of state or teachers' re- tirement law or rules. 37. Taxation, attachments and assign- ments. 38. Jurisdiction of superior court. MUNICIPAL PENSIONS FOR TEACHERS. 42. Municipal pensions for teachers. 43. Same subject. MUNICIPAL PENSIONS FOR SCHOOL JANITORS. 44. Municipal pensions for school jani- tors. 45. Same subject. MISCELL.\.NBOUS PROVISIONS. 90. Pensioners not to be paid for services. 91. No interest in a pension to be pledged, etc. RETIREMENT SYSTEM FOR TEACHERS. Section 6. In sections seven to nineteen, inclusive. Definitions unless the context otherwise requires, the following words igie", 25/, shall have the following meanings: 1. 1. 1917, 233, § 1. 88 LAWS RELATING TO EDUCATION. [Chap. 32. "Annuities", payments for life derived from contribu- tions of members; "Annuities-certain", payments for a definite number of years only, derived from contributions of members, and the number of years during which payments shall be made shall be determined by the retirement board; "Annuity fund", the fund provided in section nine (2); "Assessments", the annual payments to the annuity fund by members; "Association", the teachers' retirement association pro- vided in section seven; "Board", the teachers' retirement board specified in section eight; "Expense fund", the fund provided in section nine (1); "Pensions", payments for life, derived from contribu- tions of the commonwealth; "Pension fund", the fund provided in section nine (3); "Public school", any day school conducted in the com- monwealth under the superintendence of a duly elected school committee, also any daj-^ school conducted under sections one to twenty-four, inclusive, of chapter seventy- four ; "Regular interest", interest at the rate determined by the retirement board, which shall be substantially that which is actually earned compounded annually on the last day of December; "Retirement system" or "system", the arrangement provided for payment of annuities and pensions to teachers; "School year", the twelve months beginning July first in any year and ending June thirtieth next; sjOp.A. G. "Teacher", any teacher, principal, supervisor or super- intendent employed by a school committee or board of trustees in a public day school in the commonwealth. Teachers' Section 7. There shall be a teachers' retirement as- retirement . . . , „ , association. sociation Organized as loliows: 1914! 494; ■ (1) All persons now members of the teachers' retirement 1916, 54, § 1. association established on July first, nineteen hundred and op.\^a ^ ^^' fourteen, shall be members thereof. (1918) 81. (2) All teachers hereafter entering the service of the public schools for the first time shall thereby become mem- bers of the association. (3) Any teacher who entered the service of the public schools before July first, nineteen hundred and fourteen, who has not become a member of the association, may Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 89 hereafter, before attaining the age of seventy, upon written appHcation to the board, become a member of the associa- tion by paying an amount equal to the total assessments, together with regular interest thereon, which he would have paid if he had joined the association on September thirtieth, nineteen hundred and fourteen. (4) Teachers in training schools maintained and con- trolled by the department of education shall be considered as public school teachers under sections seven to nineteen, * inclusive, and such a teacher upon becoming a member of the association shall thereafter pay assessments based upon his total salary including the part paid by the com- monwealth; provided, that the total assessments shall not exceed one hundred dollars in any year. Such assessments shall be deducted in accordance with rules prescribed by the board. This paragraph shall not apply to teachers regularly employed in the normal schools and therefore subject to sections one to five, inclusive, although they devote a part of their time to training school work. Section 8. (1) The retirement system shall be man- Certain duties aged by the teachers' retirement board provided in sec- ment board. tion sixteen of chapter fifteen. HIq, 350. § e'l. (2) The board may make by-laws and regulations con- sistent with law. (3) The board shall provide for the payment of retire- ment allowances and the other expenditures required by sections seven to nineteen, inclusive. (4) The board shall adopt for the retirement system one or more mortalitv tables, and shall determine what rates of interest shall be established in connection therewith, and may later modify such tables or prescribe other tables to represent more accurately the expense of the system, or may change such rates of interest, and may determine the application of the changes made. (5) The board shall perform such other functions as are required to comply with sections seven to nineteen, inclu- sive. Funds of Retirement System. Section 9. The funds of the system shall consist of an Funds of retire- a 1 •iPi'^i ' t J ment system. expense fund, an annuity fund and a pension lund. 1913. 832, § 5. (1) The expense fund shall consist of such amounts as llHiS shall annually be appropriated by the general court, on fl/g^^^ "^• estimates submitted by the board, to defray the expenses 1920:2. 90 LAWS RELATING TO EDUCATION. [Chap. 32. of administration, exclusive of the payment of retirement allowances, (2) The annuity fund shall consist of assessments paid by members and interest derived from investments of the annuity fund. Each member shall pay into the annuity fund, by deduction from his salary in the manner provided in section twelve (5), such assessments upon his salary as may be determined by the board. The rate of assessment shall be established by the board on the first day of July of each year after a prior notice of at least three months, and shall at any given time be uniform for all members of the association, and shall not be less than three nor more than seven per cent of the member's salary; pro- vided, that when the total sum of assessments on the salary of any member at the rate established by the board would amount to more than one hundred dollars or less than thirty-five dollars for a full school year, such member shall in lieu of assessments at the regular rate be assessed at the rate of one hundred dollars a year or thirty-five dollars a year, payable in equal instalments, to be assessed for the number of months during which the schools of the community in which such member is employed are com- monly in session. Any member who shall for thirty years have paid regular assessments to the annuity fund shall be exempt from further assessments; but such member may thereafter, if he so elects, continue to pay his assess- ments to the fund. No member, however, shall pay fur- ther assessments after the total sum of assessments paid by him shall have amounted, with regular interest, to a sum sufficient to purchase under section ten (3) (a) an annuity of five hundred dollars at age sixty, and interest thereafter accruing shall bo paid to the member on 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 board, for the pur- pose of paying pensions to teachers. (4) Members of the state retirement association, pro- vided in section two, who enter the service of the public schools shall have the full amount of their contributions, together with such interest as shall have been earned thereon, transferred by the state treasurer to the annuity fund established by paragraph (2) of this section, and these amounts shall thereby become a part of their assessments. Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 91 Retiring Allowances. Section 10. (1) Any member of the association shall, ^ifo^^°^j,eg ■on written application to the board, be retired from serv- i9i3. 832. s 6. • • 1915 197 s 2 ice in the public schools on attaining the age of sixty, or laie; 257; 1 2. at any time thereafter. If in the opinion of the employing lois! 257; school committee any member who has attained said age iliV.^s.^^^* is incapable of rendering satisfactory service as a teacher, Hl'^' ^'' ^^• he may, with the approval of the board, be retired by such committee. If he is not employed by a school committee, lie may be so retired by his employer. (2) Any member, on attaining the age of seventy, shall be retired from service in the public schools at the end of the school year in which said age is attained, but any member attaining that age in July, August or September shall then be retired. (3) A member, after his retirement under paragraph (1) or (2) of this section, shall be entitled to receive from the annuity fund, as he shall elect at the time of his retire- ment, on the basis of tables adopted by the board: (a) an annuity, payable in quarterly payments, to which the sum of his assessments under section nine (2), with regular interest thereon, shall entitle him ; or (b) an annuity of less amount, as determined by the board for the annuitants electing such option, payable in quarterly payments, with the provision that if the annuitant dies before receiving annuity payments equal to the amount used to purchase the annuity, the difference shall be paid to his estate. (4) Any member receiving payments of an annuity as provided in paragraph (3) of this section, if not rendered ineligible therefor by section fifteen, 'shall receive with each quarterly payment of his annuity an amount from the pension fund, as directed by the board, equal to the quarterly annuity payment to which he would be entitled if his annuity were figured under clause (a) of paragraph (3) of this section. (5) Any member who served as a regular teacher in the public schools prior to July first, nineteen hundred and fourteen, and who has served fifteen years or more in the public schools, not less than five of which shall immedi- ately precede retirement, on retiring as provided in para- graph (1) or (2) of this section, shall be entitled to receive a retirement allowance as follows: (a) such annuity and pension as may be due under paragraphs (3) and (4) of 92 LAWS RELATING TO EDUCATION. [Chap. 32. this section; (6) 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 sec- tions seven to nineteen, inclusive, if he had paid thirty assessments based on his average yearly rate of salary for the five years immediately preceding his retirement, at the rate of assessment in effect at that time, and his account had been annually credited with interest at the rate of four per cent per annum; provided, that if his term of service in the commonwealth shall have been over thirty years, the thirty assessments, with interest as provided above, shall be credited with interest at the rate of four per cent, compounded annually for each year of service in excess of thirty; but the assumed accumulation of assess- ments with interest under this paragraph shall not exceed the amount which at the age of sixty and in accordance with clause (a) of paragraph (3) of this section will pur- chase an annuity of five hundred dollars, and the minimum pension shall be of such an amount that the annual pension, plus the annual amount which would have been paid from the annuity fund if the member had chosen an annuity computed under clause (3) (a) of this section, shall be four hundred dollars. If a member is at any time eligible to retire and receive a pension computed under this para- graph, he shall receive upon retirement a pension computed hereunder without the necessity of five years of continuous service preceding retirement. (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 board shall determine the pension to be paid under clause (b) of paragraph (5) of this section in accordance with the evidence it may be able to obtain. (7) In determining the retiring allowance of a member of the association who was regularly employed by the commonwealth prior to June first, nineteen hundred and twelve, or as a teacher in the public schools prior to July first, nineteen hundred and fourteen, credit shall be given in the manner provided for by paragraph (5) of this sec- tion for all periods of employment by the commonwealth and of service as a teacher in the public schools, if such service is fifteen years or more, not less than five of which shall immediately precede retirement; provided, that this Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 93 paragraph shall not apply to any person who had the option of joining the state retirement association and did not become a member thereof. Such rules as the board may adopt under paragraph (3) of section eleven shall apply to a person becoming a member thereof after July first, nineteen hundred and twenty, who shall have with- drawn any sum from the state retirement association. (8) Any member of the association whose employment by the commonwealth and service in the public schools amount to twenty or more years, the last five years of which are consecutive, and who, before attaining the age of sixty, becomes permanently incapable of rendering satis- factory service as a teacher by reason of physical or mental disability, may, with the approval of the board, be re- tired by the employing school committee or other em- ployer as provided in paragraph (1). (9) Any member shall, upon retirement under the pre- ceding paragraph, and during the continuance of disability, be entitled to receive from the annuity fund, in quarterly payments, a sum computed in accordance with paragraph (3) of this section; provided, that upon the approval of the board, an annuity-certain based upon the tables of the board may be substituted for either of the plans pro- vided for in said paragraph; and in case of the death of the annuitant before all the instalments thereon have been paid, the value at that time of the unpaid instalments, as determined on the basis of the tables adopted by the board, shall be paid to his estate. (10) Any member receiving a payment under the pre- ceding paragraph shall, if not rendered ineligible therefor by section fifteen, receive from the pension fund for each year of service a pension equal to one thirtieth of the pension which would have been due him if he had retired at the age of sixty, having paid thirty annual assessments to the annuity fund, and received an annuity computed in accordance with clause (a) of paragraph (3) of this sec- tion; provided, that the minimum annual amount to be paid from the pension fund shall be such that a member shall receive from this fund, for each year of his service, one thirtieth of two hundred and fifty dollars; and pro- vided, further, that the total retiring allowance shall not be greater than the amount which the said member would receive if he were to continue in service until the age of sixty, contributing annual assessments based on his average 94 LAWS RELATING TO EDUCATION. [Chap. 32. yearly rate of salary for the five years immediately pre- ceding retirement, at the rate of assessment in effect at that time. (11) If a member is granted an annuity-certain by the board, his total retiring allowance shall not be limited to the total retiring allowance which he would have received at the age of sixty, as provided in the preceding para- graph, but the amount to be paid from the pension fund shall be the amount which would have been paid from that fund if an annuity-certain had not been granted. (12) In computing the amount to be paid from the pension fund under paragraph (10) of this section, the assumed assessments necessary to complete the thirty annual assessments shall be based on the average yearly rate of salary for the five years immediately preceding re- tirement, and shall be at the rate of assessment in effect at that time. Interest on the amount to the member's credit on his retirement and on the assumed assessments shall be figured at the rate of four per cent. (13) No member shall be retired under paragraph (8) of this section until the fact of his disability has been certified to on oath by an examining physician selected by the employing school committee or other employer as pro- vided in paragraph (1) and approved by the board, and until any further evidence of his disability which the board may require shall have been furnished. (14) At intervals of not less than one year, any mem- ber receiving a retiring allowance under this section, who has not attained the age of sixty, shall, if so requested by the board, be re-examined by a physician selected by it. If the board finds that disability which prevents satis- factory service as a teacher no longer exists, the retiring allowance shall cease. Refusal to submit to re-examina- tion shall be cause for discontinuing the retiring allowance. (15) If a teacher ceases to receive a retiring allowance under the preceding paragraph, the amount then to his credit in the annuity fund shall be determined on the basis of tables adopted by the board, and the said amount shall be considered to constitute the sum of his assessments, with the regular interest allowed thereon, to the time when his retiring allowance ceased. (16) Any member who shall cease to receive a retiring allowance under paragraph (14) of this section, who does not re-enter public school service, and who does not with- Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 95 draw the amount to his credit in the annuity fund, may, upon attaining the age of sixty, receive a retiring allow- ance computed in accordance with paragraphs (3) and (4) of this section, or may, before attaining the age of sixty, under conditions to be determined by the board, upon request and after an interval of one year, be entitled to further re-examination by a physician selected by it, and, if disability contracted during service as a public school teacher is found to exist, shall again be entitled to receive a retiring allowance under paragraphs (9) and (10) of this section. (17) In determining the average salary under para- graphs (5), (10) and (12) of this section, the yearly rate which the teacher would have received had he been in service shall be used for periods of sickness or leave of absence. (18) Periods of leave of absence or sickness of one month or more shall not be considered as part of the five years of service immediately preceding retirement required under paragraphs (5), (7) and (8) of this section, but, subject to the approval of the board, such periods of ab- sence or sickness shall not be considered as breaking the continuity of service. Wifhdrau'al and Reinstatement. Section 11. (1) Any member withdrawing from the same subject. public school service before becoming eligible to retire- 1915; isi; § 3. ment, except for the purpose of entering the service of the §§\^,'2:°' commonwealth, and any member who becomes subject to 1919^292, § 19. chapter two hundred and thirty-seven of the acts of nine- ^^^o, 50. § 4. teen hundred and chapter five hundred and eighty-nine of the acts of nineteen hundred and eight as amended shall be entitled to receive from the annuity fund all amounts contributed as assessments, together with regular interest thereon, either in one sum or, at the election of the board, in four quarterly payments. If a member dies before re- ceiving all his quarterly payments the balance thereof shall be paid to his estate. (2) Any member thus withdrawing, after having paid ten annual assessments, may receive, at his election and in lieu of payments under paragraph (1) of this section, an annuity for life, as determined by the board, of such amount as the sum of his assessments under section nine, 96 LAWS RELATING TO EDUCATION. [Chap. 32. paragraph (2), with regular interest thereon, shall entitle him to receive, with the provision that if he dies before receiving payments equal to the amount used to purchase the annuity the difference shall be paid to his estate. (3) Any member after having withdrawn from the public school service shall, on being re-employed in such service, be reinstated as a member in accordance with such rules for reinstatement as the board shall adopt. (4) If a member who is not receiving payments under paragraph (1) or (2) of this section dies before retirement, the full amount of his assessments, with regular interest thereon, shall be paid to his estate. Duties of school com- mittees. 1913, 832, § 9. Trustees of certain schools. 1913. 832, § 10. Duties of School Committees. Section 12. (1) Any school committee, before em- ploying a teacher to whom sections seven to nineteen, in- clusive, apply, shall notify him of his duties and obliga- tions under said sections. (2) Annually on or before October first school com- mittees shall certify to the board the names of all teachers to whom said sections apply. (3) School committees shall, on the first day of each month, notify the board of the employment of new teachers, removals, withdrawals or changes in salaries oc- curring during the month preceding. (4) Under the direction of the board, school committees shall furnish such other information as the board may re- quire relevant to the discharge of the duties of the board. (5) The school committee of each town shall, as directed by the board, deduct from the amount of the salary due each teacher employed in the public schools of such town such amounts as are due as contributions to the annuity fund as prescribed in section nine, shall send to the treas- urer of said town a statement as voucher for such deduc- tions, and shall send a duplicate statement to the secretary of the board. (6) School committees shall keep such records as the board may require. Section 13. The boards of trustees of schools con- ducted under sections one to twenty-four, inclusive, of chapter seventy-four shall perform all the duties prescribed for school committees under section twelve. Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 97 Custody and Investment of Funds. Section 14. (1) The treasurer of each town, on re- Treasurers of ceipt from the school committee or board of trustees of townsfduties the voucher for deductions from the teachers' salaries pro- 19*13, 832, § 11. vided for in section twelve, shall transmit monthly the amounts specified in such voucher to the secretary of the board. (2) The secretary of the board shall monthly pay to the state treasurer all sums received under the preceding para- graph. (3) All funds of the system shall be in the custody of the state treasurer, and he shall, in accordance with the laws governing the investment of sinking funds, invest and reinvest such funds as are not required for current dis- bursements. (4) The state treasurer shall make such payments to members from the annuity fund and pension fund as the board shall order to be paid, in accordance with sections ten and eleven. (5) On or before the third Wednesday in January, the state treasurer shall file with the commissioner of insurance and with the secretary of the board a sworn statement exhibiting the financial condition of the system on Decem- ber thirty-first preceding and its financial transactions for the year ending thereon. Such statement shall be in the form prescribed by the board and approved by the com- missioner of insurance. Membership in other Retirement Associations. Section 15. (1) No person required to become a mem- Membership • • 1 11 • • -J.! 1- Ci. e in other ber of the association shall participate in the beneiits 01 retirement any other teachers' retirement system, supported in whole igiai'saf, § 12. or in part by funds raised by taxation, or be entitled to a ^^^o) les. pension under section forty-three or chapter five hundred and eighty-nine of the acts of nineteen hundred and eight, as amended by chapter six hundred and seventeen of the acts of nineteen hundred and ten. (2) No member shall receive any pension under section ten who is at the time in receipt of a pension paid from funds raised in whole or in part from taxation, under sec- tion forty-three or under chapter five hundred and eighty- 98 LAWS RELATING TO EDUCATION. [Chap. 32. Reimbursement of cities and towns. 1913, 832, § 13. 1919, 292, § 20. Referendum and repeal. 3913, 832, § 15. Certain sections not applicable to Boston. 1913. 832, § 3. nine of the acts of nineteen hundred and eight, as amended by chapter six hundred and seventeen of the acts of nine- teen hundred and ten, or any other act providing pensions for teachers. Section 16. (1) Whenever, after July first, nineteen hundred and fourteen, a town retires a teacher who is not ehgible to a pension under section ten, paragraph (4) and pays to such teacher a pension in accordance with section forty-three, or chapter five hundred and eighty-nine of the acts of nineteen hundred and eight, as amended by chap- ter six hundred and seventeen of the acts of nineteen hun- dred and ten, and the school committee of said town certifies under oath to the board the amount of said pen- sion, said town shall be reimbursed therefor annually by the commonwealth; provided, that no such reimburse- ment shall be granted unless the retirement has been ap- proved by the board and the amount of said reimburse- ment shall not be in excess of the amount, as determined by the board, to which said teacher would have been en- titled as a pension, had he been a member of the associa- tion. (2) The board shall make an annual report containing a statement of the amount expended previous to the pre- ceding first day of July by towns in the payment of pen- sions under the preceding paragraph, for which such towns should receive reimbursement. On the basis of such a statement, the general court may make an appropriation for the reimbursement of such towns up to such first day of July. Section 17. Upon the petition of not less than five per cent of the legal voters of any city or town in which sec- tions forty-two and forty-three are in force, the following question shall be placed upon the ballot and submitted to the voters of such city at the next city election, or to the voters of such town at the next annual town meeting: "Shall sections forty-two and forty-three of chapter thirty- two of the General Laws, authorizing cities and towns to retire and pension teachers in the public schools, be re- pealed?" If a majority of the voters voting thereon at such election or meeting shall vote in the affirmative, said sections shall cease to be in force in such city or town. Section 18. Sections six to fifteen, inclusive, shall not apply to teachers in the public schools of Boston, except teachers employed by Boston in day schools conducted Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 99 under sections one to twenty-four, inclusive, of chapter 1920, so, § 1. , e Op. A. G. seventy-tour. (1920) les. Section 19. A person who is principally employed as Persona em- a teacher in the public schools but who is also employed pubhcsSioofs by the commonwealth shall, if a member of the teachers' thec^immon- retirement association, pay assessments to the annuity ^m^'e fund established by paragraph (2) of section nine, based on the total salary received for service as a public school teacher and for employment by the commonwealth; pro- vided, that the annual assessment of such a member shall not exceed one hundred dollars. A person who is principally employed by the common- wealth but who is also employed in the public schools shall not be a member of the teachers' retirement association, but shall be subject to sections one to five, inclusive, and if a member of the state retirement association shall pay assessments to the annuity fund established by section four based on the total salary received for service rendered to the commonwealth and for employment as a public school teacher; provided, that a person who receives more than thirty dollars weekly in salary or wages shall not be as- sessed on the excess above that amount. Assessments under this section shall be deducted from salary or other compensation in accordance with the rules and regulations prescribed by the respective retirement boards having jurisdiction. This section shall not apply to teachers referred to in paragraph (4) of section seven. GENERAL PROVISIONS. Section 32. In any association provided by the pre- Certificate of ceding sections, except the teachers' retirement association, Policies. the board shall issue to each member a certificate of mem- \l\i] sis', § e'; bership and to each member who retires or is retired a q^I'. § e." policy which shall be evidence of his right to an annuity or a pension. Section 33. Should there be due to the estate of a de- Payments ceased member of any of the retirement associations estab- of deceased lished under the preceding sections any sum of money ms. 63.' payable from the funds of the association, the same^ shall J|J|; ||f; ^ ^• be paid to his legal representatives; provided, that if the |gi34.^_ ^^^^ sum so due does not exceed three hundred dollars and if [^^q^^^- due from the funds of the teachers' retirement association, 100 LAWS RELATING TO EDUCATION. [Chap. 32. Violations of state or teachers' re- tirement law or rules. 1911, 532, § 9. 1918, 257, §§ 109, 116. 1919, 5; 350, §46. 1920, 2. Taxation, attachments and assign- ments. 1910, 619, § 7. 1911, 532, § 7; 634, § 7. 1913, 832, § 8. Jurisdiction of superior court. 1910, 619, § 10. 1911, 532, § 10; 634, § 10. 1913, 832, § 14. 1919, 350, § 46. or one hundred dollars if due from the funds of any other such association, and there has been no demand therefor by a duly appointed executor or administrator, payment may be made after the expiration of three months from the date of the death of such member, to the persons ap- pearing, in the judgment of the board, to be entitled thereto, and such payment shall be a bar to recovery by any other person. Section 35. If, in the judgment of the commissioner of insurance, the commonwealth, the state board of retire- ment or the teachers' board of retirement has violated or neglected to comply with any provision of sections one to nineteen, inclusive, or the rules and regulations established thereunder, he shall give notice thereof to the governor and to the board, and thereafter, if such violation or neg- lect on the part of the board continues, shall forthwith present the facts to the attorney general for action. Section 37. The funds of every retirement system established under the preceding sections, so far as they are invested in personal property, shall be exempt from tax- ation. That portion of the wages of a member deducted or to be deducted under the preceding sections, 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 tax- ation and from the operation of any law relating to bank- ruptcy or insolvency, and shall not be attached or taken upon execution or other process. No assignment of any right in or to said funds, annuities or pensions shall be valid. Section 38. The superior court shall have jurisdiction in equity, upon petition of the commissioner of insurance or any interested party, to compel the observance and to restrain the violation of any provision of sections one to thirty-one, inclusive, and of the rules and regulations es- tablished thereunder. municipal pensions for teachers. Section 42. In any city or town, except Boston, which accepted chapter four hundred and ninety-eight of ^ „ the acts of nineteen hundred and eight, the pension fund ■ established for the retirement of teachers in the public schools shall be derived from such revenues as may be assigned thereto by the city council of a city or by direct Municipal pensions for teachers. 1908, 498, 1, 3, 4. Chap. 32.] RETIREMENT SYSTEM, PENSIONS. 101 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 43. The school committee of any such city same subject. or town may retire from active service and place upon the ^^°^" ^^^' ^ ^" pension roll any teacher of such city or town who is sixty or over or who, in the judgment of said committee, is in- capacitated 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 this and the preceding section shall not exceed one half of the annual compensation received by such person at the time of such retirement, and in no case shall it exceed five hundred dollars. MUNICIPAL PENSIONS FOR SCHOOL JANITORS. Section 44. The school committee, official, board or Municipal other body having control of janitors employed in public schoonlnUors. schools of cities and towns which accept this section, as §§\%"^' provided in the following section, or have accepted corre- sponding provisions of earlier laws, may retire, with an annual pension, any janitor so employed who has reached the age of sixty, after completing a service of not less than twenty-five years, and is physically incapacitated. The pension shall be one half the compensation to which the pensioner would have been entitled for full employment during the last year of his service, but not more than five hundred dollars a year, and shall be payable out of the appropriation for the support of public schools, mainte- nance of school buildings or payment of janitors. Section 45. The preceding section shall not apply to same subject. the city of Boston, but shall apply to any other city upon ^^^^' ^■*^' ^ ^' its acceptance by the mayor and city council thereof and to any town having a population of ten thousand or more, according to the state census last preceding its submission to the town, upon its acceptance by the town at a meeting. miscellaneous provisions. Section 90. No person while receiving a pension or an Pensioners not annuity from the commonwealth, or from any county, for se^lces. city or town, except teachers who on the thirty-first day of \l\l[ Is!' ^ ^" 102 LAWS RELATING TO EDUCATION. [Chap. 149. 1918, 257, § 135. 1919, 5; 80. 1920, 2. Op. A. G. (1918) 81. No interest in a pension to be pledged, etc. 1916, 75. March, nineteen hundred and sixteen, were receiving an- nuities not exceeding one hundred and eighty dollars per annum, shall, after the date of the first payment of such annuity or pension, be paid for any service rendered to the commonwealth, county, city or town which pays such pension or annuity, except for jury service or for service rendered in an emergency under section sixty-eight, sixty- nine or eighty-three, or for service in a public office to which he has been elected by the direct vote of the people. Section 91. Any pledge, mortgage, sale, assignment or transfer of any right, claim or interest in any pension from the commonwealth or any county, city or town, shall be void. Whoever is a party to such pledge, mortgage, sale, assignment or transfer of any right, claim or interest in any pension or pension certificate from the commonwealth or any county, city or town, or holds the same as collateral security for any debt or promise, or upon any pretext of such security or promise, shall be punished by a fine of not more than one hundred dollars. CHAPTER 149. LABOR AND INDUSTRIES. Sect. DEFINmONS. 1. Definitions. DUTIES AND POWERS OF DEPARTMENT OF LABOR AND INDUSTRIES. 2. Duties and powers in general. 5. Investigations. 17. Powers of inspection. 18. Duties of industrial health inspector. PUBLIC EMPLOYMENT. 28. Actions against cities or towns for labor. 29. Security for payment of labor on public works. 30. Eight hour day and forty-eight hour week for certain public employees. 31. Eight hour day for certain employees in certain cities and towns. 32. Definitions. 33. Limitation of sections 30 and 31. 34. Contracts for public work to contain stipulation as to eight hour day. 35. Penalty for violating section 30, 31 or 34. Sect. 36. Eight hour day not applicable in certain cases. 37. Nine hour day in certain cities and towns. WORK BY WOMEN AND CHILDREN. 56. Hours of labor for women and chil- dren. 57. Penalty for violation of preceding section. 58. Women and minors operating eleva- tors. 60. Employment of children under four- teen. 61. Employment of children under six- teen. 62. Employment of minors under eight- een. 63. Department may determine proc- esses which are injurious to chil- dren. 64. Employment of persons under twenty-one. 65. Hours of labor of children under six- teen. Chap. 149.] LABOR AND INDUSTRIES. 103 Sect. 66. Hours of labor of boys under eight- een and girls under twenty-one. Same subject. Employment of minors as messen- gers, etc., regulated. Street trades for children in certain cities regulated. Same subject. Issue of badges. Wearing of badges, etc. Hours of street trades for boys. Lists of hours of employment of minors to be posted. 75. Forms of lists to be furnished by the department. Duties of inspectors. Powers of attendance ofticers. Penalty for violation of statutes as to employing minors. Penalty for hindering inspectors, etc. Penalty for selling articles to be il- legally sold by minors engaged in street trades. Penalty on parent or guardian, etc. Penalty on officials. Penalty on minors. Service of process for violation of sections relating to employment of children. Application of sections 60 to 83, in- clusive. Employment of children under six- teen without employment certifi- cates, etc., forbidden. 67. 68. 69. 70. 71. 72. 73. 74. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. Sect. 87. Employment certificates. Issue. 88. School record reqmred for employ- ment certificate, issue of. 89. Contents of employment certificate. 90. Penalties for illegal employment of children under sixteen, altering employment certificate, etc. 91. Employer to discharge child who does not attend a continuation school if required to do so. 92. Duties of attendance officers and in- spectors in regard to illegal em- ployment of children. 93. Further duties of attendance officers. 94. Educational certificates, etc., to be shown on request of officials. 95. Educational certificates for minors between sixteen and twenty-one. 96. Application of sections 86 to 95, in- clusive. 97. Penalty for illegal employment of minor without educational certifi- cate. 98. Penalty on parent, etc., allowing minor to be employed without educational certificate. Children under fifteen not allowed to appear in theatrical exhibitions, etc. License not to be granted for exhibi- tions in which children under fif- teen take part. 104 105. WEEKLY PAYMENT OF WAGES. 148. Weekly payment of wages. DEFINITIONS. Section 1. In this chapter the following words, unless a different meaning is required by the context, or is spe- cifically prescribed, shall have the following meanings: "Buildings used for industrial purposes" or "industrial establishments" shall include factories, workshops, bak- eries, mechanical establishments, laundries, foundries, tenement house workrooms, all other buildings or parts thereof where manufacturing is carried on, and mercantile establishments as defined in this section. "Child", a person under eighteen. "Commissioner", the commissioner of labor and indus- tries. "Co-operative courses", courses approved as such by the department of education and conducted in public Definitions. 1887, 103, § 5. 1894, 508, § 57 R. L. 106, § 8. 1909, 514, §§ 17, 145. 1911,241; 494, § 1. 1912, 191; 726, §§ 5, 8. 1913, 813, §§ 8, 12. 1916,95, § 1; 240, § 1. 1919, 224; 350, §§ 56, 69. 70, 74. 104 LAWS RELATING TO EDUCATION. [Chap. 149. schools where technical or related instruction is given in conjunction with practical experience by employment in co-operating factories, manufacturing, mechanical or mer- cantile establishments or workshops. "Department", the department of labor and industries. "Employment", any trade, occupation or branch of industry, any particular method or process used therein, and the service of any particular employer; but it shall not include private, domestic service or service as a farm laborer. "Extraordinary emergency", danger to property, life, public safety or public health. "Factory", any premises where mechanical power is used in aid of any manufacturing process there carried on. |Op.A.G.455. "Manufacturing establishments", any premises, room or place used for the purpose of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part thereof. "Mechanical establishments", any premises, other than a factory as above defined, where machinery is employed in connection with any work or process carried on therein. 4 Op! i; a 137: "Mercantile establishments", any premises used for the purposes of trade in the purchase or sale of any goods or merchandise, and any premises used for a restaurant or for publicly providing and serving meals. "Place of employment", every place, whether indoors or out or underground, and the premises appurtenant thereto, into, in or upon which any employee goes or remains either temporarily or regularly in the course of his em- ployment. • •••••••••• "Woman", a female eighteen or over. "Workshop", any premises, room or place, 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, finish- ing or adapting for sale any article or part thereof, and to which or over which premises, room or place the em- ployer of the persons working therein has the right of ac- cess or control; but the exercise of such manual labor in a private house or private room by the family dwelling Chap. 149.] LABOR AND INDUSTRIES. 105 therein or by any of them, or if a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop. DUTIES AND POWERS OF DEPARTMENT OF LABOR AND INDUSTRIES. Section 2. The department shall, except as otherwise Duties and specifically provided, enforce the provisions of this chapter, ^"S"'' and shall have all necessarv powers therefor. iE^- 216. , " 1877, 214. s 7 1879, 305, § 12. 1884, 52, § 3. R. L. 108, § 8. •. . » • i880, isi. 1887. 218. 1907, 413; 537, § 5. 1881, 137. 1888, 426, §§ 10, 14. 1912, 726, §§ 4, 5. P. S. 103, § 10. 1894, 382, §1; 1914,474,8 2 1882, 266, § 6. 481, §§ 2, 35, 55. 1919. 350, § 69. Section 5. The department may investigate conditions investigations. existing in any line of industry ... It shall receive all \l\l] III] 1 1 complaints concerning conditions existing in any industry ^^^^' ^^°' ^ ^'^• carried on in the commonwealth, or concerning alleged violations of any laws enforced under its direction, and shall thereupon make or direct all needful and appropriate investigations and prosecutions. Section 17. For the enforcement of the provisions of Powers of • . , , . . IT r inspection. this chapter, the commissioner, the director of the division is^e, 216. of industrial safety and inspectors may enter all buildings 1879; 305', § 12. and parts thereof used for industrial purposes and examine p. s.'m'§ 10. the methods of protection from accident, the means of Jill; If '§3.^' escape from fire, the sanitary provisions, the lighting and }888;426; means of ventilation, and make investigations as to the ||9\^'48V employment of women and minors and as to compliance § 2; 534, § 3. with all provisions of this chapter. iqoi! 370! § 2. R. L. 106, § 67; 108, § 8. 1909, 514, §§ 117. 145. 1919, 350. § 75. 1907,413. 1912, 726, §§ 6, 11. Section 18. Every industrial health inspector shall in- Duties of form himself concerning the health of all minors employed jTeliith"^' in factories within his district; and whenever he may deem i9o^7*;''537; §3. it advisable or necessary, he shall call the ill health or Jgjg" 3I0' § eg physical unfitness of any minor to the attention of his parents, guardians or employer and of the department. public employment. Section 28. A person to whom a debt is due for labor Actions performed in constructing a building, sewer or drain, or ofto°wns'fo? water works or other public works owned by a town, under 'i|92%70. a contract with any person having authority from or right- J909 lii^^^' §§ 22, 145. 106 LAWS RELATING TO EDUCATION. [Chap. 149. 173 Mass. 408. 175 Mass. 201. 225 Mass. 292. Security for payment of labor on pub- lic works. 1904, 349. 1909, 514, §§ 23, 145. 1920, 210. 204 Mass. 494. 206 Mass. 585. 211 Mass. 113. 218 Mass. 535. 225 Mass. 292. 233 Mass. 420. 235 Mass. 263. 236 Mass. 319. Eight hour day and forty-eight hour week for certain public employees. 1890, 375. 1891, 350. 1894, 508, § 7. R. L. 106, § 19. 1906, 517, §§ 1,3. 1907.269, § 1; 570. 1909, 514, §§ 37. 39, 145. 1911.494, § 1. 1916, 240. §§ 1,3. 220 Mass. 416 226 Mass. 517. 1 Op. A. G. 10. 2 Op. A. G. 442. 475, 497. 3 Op. A. G. 93, 567. 4 Op. A. G. 20. 443. Op. A. G. (1919) 42. fully acting for such town in furnishing such labor, shall have a right of action against such town to recover such debt if, within thirty days after he ceases to perform such labor, he files in the clerk's office of the town against which he claims such right of action a written statement under oath of the amount of the debt so due to him, and the names of the persons for whom and by whose employment the labor was performed, and if, within sixty days after he ceases to perform such labor, he commences such action. Such right of action shall not be lost by reason of a mis- take in stating the amount due; but the claimant shall not recover as damages a larger amount than is named in said statement as due to him, with interest. No person who has contracted to furnish labor other than his own in such construction shall have such right of action. Section 29. Officers or agents who contract in behalf of any county, city or town for the construction or repair of public buildings or other public works shall obtain sufficient security, by bond or otherwise, for payment by the contractor and sub-contractors for labor performed or furnished and materials used in such construction or re- pair; but to obtain the benefit of such security the claim- ant shall file in the office of the county treasurer or of the city or town clerk a sworn statement of his claim within sixty days after the claimant ceases to perform labor or furnish labor or materials. Section 30. The service of all laborers, workmen and mechanics now or hereafter employed by the common- wealth or any county therein or any town which, by vote of the city council, or of the voters at a town meeting, ac- cepts this section or has accepted section one of chapter two hundred and forty of the General Acts of nineteen hundred and sixteen, or by any contractor or sub-con- tractor for or upon any public works of the commonwealth or of any county therein or of any such town is hereby restricted to eight hours in any one day and to forty-eight hours in any one week. No officer of the commonwealth or of any county or of any such town, no such contractor or sub-contractor or other person whose duty it is to em- ploy, direct or control the service of such laborers, work- men or mechanics shall require or permit any such laborer, workman or mechanic to work more than eight hours in any one day, or more than forty-eight hours in any one week, except in cases of extraordinary emergency. Chap. 149.] LABOR AND INDUSTRIES. 107 Section 31, The service of all laborers, workmen and pg^t hour day mechanics now or hereafter employed by any town which pWees in oer- has accepted section twenty of chapter one hundred and towns' six of the Revised Laws, or section forty-two of chapter liooias?: five hundred and fourteen of the acts of nineteen hundred fgoe,' 5??; § f °' and nine, or said section forty-two, as affected by chapter §§"4^^^^ four hundred and ninety-four of the acts of nineteen hun- losVa^' 619 dred and eleven, and which has not accepted section one 220 Mass! 4i6.' of chapter two hundred and forty of the General Acts of 2 Op. a^g. 442. nineteen hundred and sixteen, or by any contractor or sub- 93?56^' *^' contractor for or upon any public works of any such ^ °^' ^' ^' *"*^' town, is hereby restricted to eight hours in any one day. No officer of any such town, no such contractor or sub- contractor or other person whose duty it is to employ, direct or control the service of such laborers, workmen or mechanics shall require or permit any such laborer, work- man or mechanic to work more than eight hours in any one day, except in cases of extraordinary emergency. But any such town may accept the preceding section and shall thereupon become subject thereto. Section 32. In construing sections thirty and thirty- Definitions. one, engineers shall be regarded as mechanics, and a threat 570. ' of loss of employment or a threat to obstruct or prevent 1911; 494,' § f.^* the obtaining of employment or to refrain from employing ^^^^' ^^°' ^ ^• in the future shall be considered to be "requiring". Section 33. It shall not be a violation of section thirty Limitation of or thirty-one if, in the event of a Saturday half holiday Ind'ai^ being given to a laborer, workman or mechanic, his hours 190?; 2II', § i'; of labor upon other working days are increased suffi- ig^, 514, § 37. ciently to make a total of forty-eight hours for his week's j^|^; ^^; | \- work. Section 34. Every contract, except for the purchase contracts for of material or supplies, to which the commonwealth, or conta^nTt^ipuia- any county or any town which has accepted section twenty hour'day.^'^''* of chapter one hundred and six of the Revised Laws, is a J|93. 406. ^ party, involving the employment of laborers, workmen or R- l! iog', § 21. mechanics, shall contain a stipulation that no laborer, 1907! 269,' § 2.' workman or mechanic working within the commonwealth, §§ as, 145. in the employ of the contractor, sub-contractor or other sop'.A'^Gf?^ person doing or contracting to do the whole or a part of ^ ^p ^- ^- ^°^- the work contemplated by the contract, shall be requested or required to work more than eight hours in any one day, and every such contract not containing this stipulation shall be null and void. 108 LAWS RELATING TO EDUCATION. [Chap. 149. Penalty for violating sec- tion 30, 31 or 34. 190'i, 517, § 4. 1907, 269, § 3. 1909, 514, § 40. 1911,494, § 3. Eight hour day not applicable in certain cases. 1907, 570. 1909, 514, § 39. Section 35. Any agent or official of the commonwealth or of any county, or town, or any contractor or sub-con- tractor, or any agent or person acting on behalf of any contractor or sub-contractor, who violates section thirty, thirty-one or thirty-four shall be punished by a fine of not more than one thousand dollars or by imprisonment for six months, or both. Section 36. Sections thirty, thirty-one and thirty-four shall not apply ... to persons employed by the commis- sioners of the Massachusetts nautical school . . . 1911,494, § 4. 1916, 240, § 2. 1918, 90, § 2; 268. 1919, 350, §§ 34, 99, 101. Nine hour day SECTION 37. In any town not subject to section thirty in cGrtRin cities ^ iii • i» it* and towns. QY thirtv-oiie nine hours shall constitute a dav s work tor i89i! 350. a'l laborers, workmen and mechanics employed by or on 1894, 508, § 7. ,",„„', , R. L. 106, § 19. behali oi such town. 1909, 514, §§ 43, 145. 1 Op. A. G. 10. Hours of labor for women and children. 1842, 60, § 3. G. S. 42, § 3. 1867, 285, § 2. 1874, 221, § 1. 1880, 194, § 1. P. S. 74, § 4. 1883, 157. 1884, 275, §§ 1.3. 1886, 90. 1887, 280, § 1. 1892, 357, § 1. 1894. 508, §§ 10, 11. 1900, 378. 1901, 113. R. L. 106, §§ 23, 24. 1902, 435. 1904, 397. 1908, 645. 1909, 514, §§ 47. 48, 145. 1911, 313; 484. 1912,452; 1913, 758; § 17. 1915, 57. 1916, 222. 1919, 113; 311, § 1; 350, § 69. 1921, 280. 210 Mass. 387. 222 Mass. 299. 232 U. S. 671. 3 Op. A. G. 269. 4 0p. A. G. 118. Op. A. G. (1917) 42. Op. A. G. (1919) 63. Op. A. G. (1920) 160. Penalty, § ISO. 477. 831, WORK BY WOMEN AND CHILDREN. Section 56. {As amended by chapter 280, Acts of 1921.) No child and no woman shall be employed in laboring in any factory or workshop, or in any manufacturing, mer- cantile, mechanical establishment, telegraph office or tele- phone exchange, or by any express or transportation com- pany, or in any laundry, hotel, manicuring or hair dressing establishment, motion picture theatre, or as an elevator operator, or as a switchboard operator in a private ex- change, more than nine hours in any one day except that hotel employees who are not employed in a manufacturing, mercantile or mechanical establishment connected with a hotel may be employed more than nine but not more than ten hours in any one day; and in no case shall the hours of labor exceed forty-eight in a week, except that in manu- facturing establishments where the employment is deter- mined by the department to be by seasons, the number of such hours in any week may exceed forty-eight, but not fifty-two, provided that the total number of such hours in any year shall not exceed an average of forty-eight hours a week for the whole year, excluding Sundays and holi- days; and if any child or woman shall be employed in more than one such place, the total number of hours of such employment shall not exceed forty-eight hours in any one week. Every employer, except those hereinafter desig- nated, shall post in a conspicuous place in every room where such persons are employed a printed notice stating Chap. 149.] LABOR AND INDUSTRIES. 109 the number of hours' work required of them on each day of the week, the hours of beginning and stopping work, and the hours when the time allowed for meals begins and ends, or, in case of mercantile establishments and of estab- lishments exempted from sections ninety-nine and one hundred, the time, if any, allowed for meals. The em- ployment of any such person at any time other than as stated in said printed notice shall be deemed a violation of this section unless it appears that such employment was to make up time lost on a previous day of the same week in consequence of the stopping of machinery upon which such person was employed or dependent for employment; but no stopping of machinery for less than thirty consecu- tive minutes shall justify such overtime employment, nor shall such overtime employment be authorized until a written report of the day and hour of its occurrence and its duration is sent to the department, nor shall such over- time employment be authorized because of the stopping of machinery for the celebration of any holiday. Every em- ployer engaged in furnishing public service, or in any other kind of business in respect to which the department shall find that public necessity or convenience requires the em- ployment of children or women by shifts during different periods or parts of the day, shall post in a conspicuous place in every room where such persons are employed a printed notice stating separately the hours of employment for each shift or tour of duty and the amount of time allowed for meals. A list by name of the employees, stating in which shift each is employed, shall be kept on file at each place of employment for inspection by em- ployees and by officers charged with the enforcement of the law. In cases of extraordinary emergency or extraor- dinary public requirement, this section shall not apply to employers engaged in public service or in other kinds of business in which shifts may be required as hereinbefore stated; but in such cases no employment in excess of the hours hereby authorized shall be considered as legalized until a written report of the day and hour of its occurrence and its duration is sent to the department. Section 57. A parent or guardian who permits a child ^Xtwn^of under his control to be employed in violation of the pre- preceding section ceding section, and any person who, either for himself or i842, eb, §4. as superintendent, overseer or agent for another, employs 1867,285, §3. any person in violation of said section, or fails to post the IItI] Iot! no LAWS RELATING TO EDUCATION. [Chap. 149. 1880, 194, § 2, notice required by it, or makes a false report of the stop- is^, 2^75! §2. ping of machinery, shall be punished by a fine of not less 1887,280, §1. ^jjg^^ gf^y j^Qj. u^Qi-e than one hundred dollars. 1894, 508, §§ 59-61 1909, 514, §§ 49, 145. R. L. 106, § 25. 210 Mass, 387. Women and SECTION 58. Any law restricting the hours of women Ttlng'^dS'ors. and minors laboring in factories or workshops, or in mer- 1918, 147. cantile, manufacturing or mechanical establishments, shall, unless it is otherwise expressly provided, apply to women and minors operating elevators in such establishments, or in any building occupied in whole or in part by any such establishment, or in any office building. Employment of SECTION 60. (As amended hy chapter 4-10, Acts cf 1921.) fouSeen.""'^^' Exccpt as providcd in section sixty-nine, no person shall 1I76', 5?'u^." employ a minor under fourteen or permit him to work in r883,'2^24^ ^" or about or in connection with any factory, work shop, list' 348 manufacturing, mechanical or mercantile establishment, §§i^,'2. ' barber shop, bootblack stand or establishment, public 1894! 508; stable, garage, brick or lumber yard, telephone exchange, i898^'494', § 1. telegraph or messenger office, or in the construction or f905;267:§r' repair of buildings, or in any contract or wage earning 1909; lit; ^ ^' industry, carried on in tenement or other houses. No such i9i3^'77^/§ 14- minor shall be employed at work performed for wage or 831, '§1' 'other compensation, to whomsoever payable, during the 204 Mass'. 18.' hours whcu the public schools are in session, nor, except 2 Op. A.^G. 616. as provided in section sixty-nine, shall he be employed at 3 Op. A. G. 177. .^Qj,]^ before half past six o'clock in the morning or after ena ty, § . ^.^ o'clock in the evening. Employment of SECTION 6L No pcrsou sliall cmploy a minor under Steen'' "^^^"^ sixtccu or permit him to work in operating or assisting in 1894; 508;^^' operating any of the following machines: (1) circular or KL'iwi, §42. band saws, (2) wood shapers, (3) wood jointers, (4) planers, iR^ni (^) picker machines or machines used in picking wool, 1913, |3i,' cotton, hair or other material, (6) paperlace machines, (7) 1920, 298. leather burnishing machines, (8j job or cylinder printing Penalty, § 78. presscs 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 fac- tories, (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 boilers, (14) dough brakes or cracker machinery of any description, (15) wire or iron straightening or drawing machinery, (16) rolling mill ma- Chap. 149.] LABOR AND INDUSTRIES. Ill chinery, (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, or in adjusting or assisting 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; or in scaffolding; or in heavy work in the building trades; or in stripping, assorting, manu- facturing or packing tobacco; or in any tunnel; or in a public bowling alley; or in a pool or billiard room. No such minor shall be employed or permitted to operate, clean or repair a freight elevator; violation of this provi- sion shall be punished by a fine of not more than one hundred dollars. Section 62. No person shall employ a minor under Employment of eighteen or permit him to work: (1) in or about blast fur- ™ghteeii!° " naces; (2) in the operation or management of hoisting ^^^^' ^^^' * ^' machines; (3) in oiling or cleaning hazardous machinery ^^^^^'^ • in motion; (4) in the operation 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, engi- neer, motorman or conductor upon a railroad or railway; (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, nitroglycerine, dynamite or other high or dangerous explosive is manu- factured 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 in- toxicating liquors are sold. This section shall not prohibit the employment of minors in drug stores. Section 63. The department mav, after a hearing duly Department ,,,, . ,,^ "'ij^i may determine held, determme whether or not any particular trade, proc- processes €ss of manufacture or occupation, in which the employ- i^juHous^to ment of minors under the age of sixteen or eighteen is not 59o^,'"l64. forbidden by law, or any particular method of carrying on fg^L. loe, § 44. such trade, process of manufacture or occupation, is suffi- }^}^'|^J- ciently dangerous or is sufficiently injurious to the health §§4.'6. 112 LAWS RELATING TO EDUCATION. [Chap. 149. 1919, 311, § 1; or morals of minors under sixteen or eighteen to justify 350, §69. ^j^gj^ exclusion therefrom. No minor under sixteen or Penalty, §78. gjgj^^^gj^ ^^^\\ l^g employed or permitted to work in any trade, process or occupation thus determined to be dan- gerous or injurious to such minors, respectively. Employment of SECTION 64. No pcrsou shall cmploy a minor or permit twe'nty'-^ne'^^' him to worlv in, about or in connection with any saloon or 1913, 831, § 7. ^^^ room where alcoholic liquors are sold. No person shall Penalty, § 78. j^j^Q^j^gly take or send any such minor or cause or permit him to be sent to any disorderly house or house of prosti- tution or assignation or other immoral place of resort or amusement. Hours of labor SECTION 65. (As amended by cha'pter 4IO, Acts of 1921.) under' sixTeen. No pcrsou shall cmploy a minor under sixteen or permit 83l'§^8.^' ^ ^' him to work in, about or in connection with any establish- r/Vs^' ment or occupation named in section sixty, or for which \^t^'A^^}\ o an employment certificate is required, for more than six § 1; 410, ^ A. .^ ^ , .1 p , • 1 J 1 4 Op. A. G. 257. Jays in any one week, or more than lorty-eight hours in Penalty, § 78. ^ny ouc wcck, or morc than eight hours in any one day, or, except as provided in section sixty-nine, before half past six o'clock in the morning, or after six o'clock in the evening. The time spent by such a minor in a continua- tion school or course of instruction as required by section twenty-two of chapter seventy-one shall be reckoned as a part of the time he is permitted to work. Hours of labor vSection 66. No pcrsou shall employ a boy under eight- eighteeVand"^ ecn or a girl under twenty-one or permit such a boy or twenty-one. girl to work w, about or in connection with any establish- 1892; 83^" ment or occupation named in section sixty before five If 12 ^fi' o'clock in the morning or after ten o'clock in the evening, 1907' 267' ^ ^'^' ^^ ^^ ^^^ manufacture of textile goods after six o'clock in 19091514; the evening; provided, that girls under twenty-one may i9i3!'83t^§ 9. be employed as operators in regular service telephone ex- 1 opl A^G. 209. changes until, but not after, eleven o'clock in the evening. 4 Op. A. G. 257. Penalty, § 78 Same subject. Section 67. Exccpt as limited by section fifty-six, no 1917; 294: ^ ^" person shall employ a boy under eighteen or a girl under 1919,113. twenty-one or permit such a boy or girl to work in, about Penalty, § 78. ^^ -^ connection with any establishment or occupation named in section sixty for more than six days in a week, or more than fifty-four hours in a week, or more than ten hours in a day. Employment of SECTION 68. Exccpt for the delivery of messages di- ^nTeTs.^etc!,""' rcctly conncctcd with the business of conducting or pub- regulated. Chap. 149.] LABOR AND INDUSTRIES. 113 lishinj: a newspaper to a newspaper office or directly be- i9ii, 629, § 1 ^ ^ ^ ^ ^ . .. . '' . 1913^ 831, § ] Penalty, § 78 tween newspaper offices, no person shall employ a minor or permit him 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 even- ing. Section 69. (As amended hy chapter 4IO, Acts of 1921.) KiidS'n No boy under twelve and no girl under eighteen shall, in rlgulLled*'^^ any city of over fifty thousand inhabitants, sell, expose or J^^^- f^^* | j"- offer for sale any newspapers, magazines, periodicals or p^^^'^y^ j g3' 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. A boy over twelve may engage or be employed in any city or town in the sale or delivery of newspapers, magazines or other periodicals in a street or on a newspaper route; provided that no minor under fourteen may so engage or be employed dur- ing the hours that the public schools of the city or town in which such minor resides are in session nor before six o'clock in the morning nor after eight o'clock in the evening, nor unless such minor has secured a badge from the officer authorized to issue employment certificates in the city or town where he resides to which badge sections seventy-one and seventv-two shall apply. Section 70. (As amended hy chapter 4IO, Acts of 1921.) fir3?8S U2. No minor under sixteen shall engage or be employed in ^^^^' ^^^' § *• any of the trades or occupations mentioned in the pre- P^^^^^ty- § ^^■ ceding section unless such minor complies with all the pro- visions of the three following sections and with all the legal requirements concerning school attendance, and un- less a badge has been issued to such minor by the officer authorized to issue employment certificates in the city or town where such minor resides. Section 71. Such badge shall not be issued until the issue of^badges. officer issuing the same shall have received, examined, ap- proved and filed evidence that such boy is twelve or over, which shall consist of the proof of age required by section eighty-seven for the issuing of an employment certificate. Such officer may refuse to issue such badge to any boy who in his opinion, after due investigation, is found physi- . cally or mentally incompetent or unable to do such work in addition to the regular school attendance required by law. 114 LAWS RELATING TO EDUCATION. [Chap. 149. bldlS^etc. Section 72. The badge shall be worn, conspicuously 1913. 831, § 14. exposed at all times, by such boy while so working. No Penalty, § 83. j^^y ^^ whoHi 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 mentioned in section seventy-seven. The school committee of any city may make further regulations and requirements for issuing such badges. WesfOTboys. SECTION 73. No boy under sixteen shall engage in any 1913, 831, § 15. of the trades or occupations mentioned in section sixty- Penaity, § 83. jjjjjg jj^ ^^y Q^^eet Or pubHc placc after nine o'clock in the evening or before five o'clock in the morning, nor, unless provided with an employment certificate, during the hours when the public schools in the city where such boy resides, or the school which such boy attends, are in session. emp1o°ymenrof SECTION 74. Exccpt as providcd in section fifty-six, minors to be evcry pcrson employing any minor in any establishment 1913, 831, § 16. mentioned in section sixty shall keep posted in a con- Penaity, § 78. spicuous placc 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 permitted 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 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 commissioner. fo^bTfurnfshed SECTION 75. The department, after approval by the m^ent ^ '^^^^'^*' ^^tomcy general, shall, upon application, furnish the 1887' 280 printed forms of the lists and notices required by sections 1894! 508! § 11. fifty-six and seventy-four to all persons required to post 1901, 113. ^j^^ same. R- ^- lo^, §§ 23,24. 1902,435. 1908, 645. 1911, 484, § 1. 1915, 57. 1909, 514, 1912, 477. 1916, 222. §§ 47, 48, 145. 1913, 758; 831, § 18. 1919, 113; 350, § 69. SspMtoL Section 76. Inspectors shall visit and inspect the 1913, 831, § 18. places of employment mentioned in sections sixty to sixty- eight, inclusive, and shall ascertain whether any minors are employed therein contrary to said sections. They shall report to the school authorities any cases of children under sixteen discharged for illegal employment. Any person Chap. 149.] LABOR AND INDUSTRIES. 115 may prosecute violations of sections sixty to seventy-four, inclusive. Section 77. Sections sixty-nine to seventy-three, in- Powers of elusive, relating to minors engaged in the occupations officers^"*'^ mentioned in section sixty-nine, shall be enforced by school ^^^^' ^^^' ^ ^^• attendance officers, who are hereby vested with full police powers for the purpose, and by police officers. The school committee of each city may appoint or designate one or more special attendance officers to have supervision over minors engaged in such occupations and over the enforce- ment of said sections. Section" 78. Whoever, by himself or for others, or Penalty for through agents, servants or foremen, employs, induces or ItatuteTas^o permits any minor to work contrary to any provision of ^nore.'''^ sections sixty to seventy-four, inclusive, shall, except as Ills' ||i'||o provided in section sixty-one, be punished for a first offence by a fine of not less than ten nor more than fifty dollars or by imprisonment for not more than one month, or both, and for a subsequent offence by a fine of not less than fifty nor more than two hundred dollars or by im- prisonment for not more than two months, or both. The employment of any minor in violation of any provision of said sections, after the person employing such minor has been notified thereof in writing by any authorized in- spector or school attendance officer, shall constitute a separate offence for every day during which the employ- ment continues. Section 79. Any person who hinders or delays any Penalty for authorized inspector or school attendance officer in the per- inspe^c'itora.'etc. formance 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 enforcement of sections sixty to seventy-four, inclusive, shall be punished by a fine of not less than twenty-five nor more than two hun- dred dollars or by imprisonment for not more than two months, or both. Section 80. Whoever furnishes or sells to any minor Penalty for any article of any description with the knowledge that the to'beuiegany^ minor intends to sell such article in violation of any pro- |ngagedTn"°'^ vision of sections sixty-nine to seventy-three, inclusive, or fg'"f|''83i'^T'22 after having received written notice to this effect from any officer charged with the enforcement thereof, or knowingly 116 LAWS RELATING TO EDUCATION. [Chap. 149. procures or encourages any minor to violate any provisions of said sections, shall be punished by a fine of not less than ten nor more than two hundred dollars or by im- prisonment for not more than two months, or both, pareilt^or" SECTION 81. Any parent, guardian or custodian having 1913^831 ^§°23 ^ minor under his control who compels or permits such minor to work in violation of any provision of sections sixty to seventy-four, inclusive, or knowingly certifies to any materially false statement for the purpose of obtaining the illegal employment of such minor, shall for a first offence be punished by a fine of not less than two nor more than ten dollars or by imprisonment for not more than five days, or both; and for a subsequent offence by a fine of not less than five nor more than twenty-five dol- lars or by imprisonment for not more than ten days, or both. • offiifais. "^ Section 82. Any inspector, school attendance officer, 1913, 831, § 24. superintendent of schools or other person authorized to issue the badges required by section seventy, or any other person charged with the enforcement of any of the pro- visions of sections sixty to eighty-three, inclusive, who knowingly violates or fails to comply with any provision of said sections, shall be punished by a fine of not less than ten nor more than two hundred dollars or by im- prisonment for not more than two months, or both. m1norl^°'^ SECTION 83. Any minor who engages in any of the 1913, 831, § 25. trades or occupations mentioned in section sixty-nine in violation of any provision of sections sixty-nine, seventy or seventy-two to seventy-four, inclusive, shall for the first offence be warned by the officers mentioned in section seventy-seven, and the parent, guardian or custodian shall be notified. In case of a second violation, such minor mav be arrested and dealt with as a delinquent child, or, if over seventeen, shall be punished by a fine not exceeding fifteen dollars. LTpon the recommendation of the principal or chief executive officer of the school which such minor attends, or upon the complaint of any school attendance officer, police officer or probation officer, the badge of any minor violating any provision of sections seventy to seventy-three, inclusive, or who becomes delinquent or fails to comply with all legal requirements concerning school attendance, may be revoked for three months by the officer issuing the same and the badge taken from such minor. If any minor refuses to surrender such badge, or Chap. 149.] LABOR AND INDUSTRIES. 117 works at any of the occupations mentioned in section sixty-nine after notice of the revocation of such badge, he shall be deemed to have violated section seventy. Section 84. A summons or warrant issued by anv service of proc- ,.,... 1 . • • J- J.- i? xU • 1 ^* 'i? ess for violation court or trial justice having jurisdiction oi the violation or of sections re- any provision of sections sixty to eighty-three, inclusive, pioyment^^' or sections ninety to ninety-seven, inclusive, may be served Jgoe.'^lgg, § 5 at the direction of the court or justice by an inspector or §§"15^/4^ bv a school attendance officer or bv ahv officer qualified to i9i3, 83i, *' . . 8 2d. serve criminal process. Section 85. Sections sixtv to eighty-three, inclusive. Application of «- *_»*/- ' SGCtioris oO to shall not apply to the juvenile reformatories, other than 83, inclusive. . 1913 831 § 27 the Massachusetts reformatory, or prevent minors of any 1919! 350! § m. age from receiving manual training or industrial education (1919) nV. in or in connection with any school which has duly been approved by the school committee or by the department of education. Section 86. {As avie7idedhij chaj^ter 351, Acts of 1921.) ^hTidrenTn'de?^ No person shall employ a child between fourteen and six- sixteen with- , * 1 . ■> • 1 • • out employ- teen or permit hmi to work m, about or m connection ment certifi- with any factory, workshop, manufacturing, mechanical forbrdden." or mercantile establishment or in any employment as Hfg; ltl\ | }; defined in section one, other than street trades as defined Jlgg; f^-^ ^ in sections sixty-nine to seventy-three, inclusive, unless i867',2l'5f§^i. the person employing him procures and keeps on file, i|76, 52^§ 2. accessible to the attendance officers of the town, to agents §§ i.'o. of the department of education, and to the department of p. s.'48, ' labor and industries or its authorized agents or inspectors, isss, 348. § 2. the employment certificate issued to such child, and keeps 1894', sol; a complete list of the names and ages of all such children fyg|'4|4 employed therein conspicuously posted near the principal |§ 2, e.^^ entrance of the building where they are employed; pro- ^|p|9'^||' vided, that pupils in co-operative courses in public schools §§4,' 6. may be employed by any co-operating factory, manufac- §§ i^^M, 145. turing, mechanical or mercantile establishment or work- §|W2'2.' shop, or any employment as defined in section one, upon Jgjg; H^f fi2; securing from the superintendent of schools a special cer- ^^^•j^l/^'^-i^^- tificate covering this type of employment. Children be- Further tween fourteen and sixteen employed in private domestic penalty, § 90. service or service on farms shall be required to secure a special certificate issued by the superintendent of schools covering such employment. On termination of the em- ployment of a child whose employment or special certifi- cate is on file, said certificate shall be returned by the 3 (2), 5. 118 LAWS RELATING TO EDUCATION. [Chap. 149. employer within two days after said termination to the office of the superintendent of schools or school committee from which it was issued. Any person who retains an employment certificate contrary to this section shall be punished by a fine of not less than ten nor more than one hundred dollars. Emplcyment Certificates. Srt?ficaSr* Section 87. An employment certificate shall be issued 188T348 5 ^"^-^ ^^ *^^ superintendent of schools or by a person 1894; 508! § 19. authorized by him in writing, or, where there is no super- R. l'. 106, § 30. intendent of schools, by a person authorized in writing by im 514." ^ ^' ^he school committee of the town where the child to whom i9io%5l'!§ 3. ^^ i^ issued resides during his employment, or, if the child 1913* 779' 1 16- resides outside the commonwealth, of the town where the 805/§§5,'7. ' child is to be employed; provided, that no member of a 1919! 62; "311, school committcc 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. If an employment certificate is issued to a child under sixteen authorizing employment in a town other than that of his residence, a duplicate thereof shall be sent forthwith to the superintendent of schools of the town where the employment is authorized. The person issuing an employment certificate shall, before issuing it, 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 specific 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 this chapter, and to return the employ- ment certificate as provided in the preceding section. (2) The school record of such child, filled out and signed as provided in the following section, except when such record may be waived thereunder. (3) A certificate, signed by a school or family phj^sician, 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. Chap. 149.] LABOR AND INDUSTRIES. 119 (4) Evidence of age, showing that the child is fourteen, which shall consist of one of the following proofs of age: (o) 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. (b) A baptismal certificate, or a duly attested transcript thereof, showing the age and date of baptism of the child. (c) If none of the aforesaid proofs of age is obtainable, and only in such case, the person issuing employment cer- tificates 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 religious record of the child's age; provided, that it shall appear to the satis- faction of said person that the same is good and sufiicient evidence of the child's age. (d) If none of the aforesaid proofs of age is obtainable, and onl}-^ in such case, the person issuing employment 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 record w^as kept for at least two years during the time when such child attended school. (e) If none of the aforesaid proofs of age is obtainable, and only in such case, the person issuing employment cer- tificates 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 fourteen. Such physician's statement shall be accompanied by a state- ment signed by the child's parent, guardian or custodian, or, if such child has no parent, guardian or custodian, by 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 par- ent, guardian, custodian or next friend signing it is un- able to produce any of the proofs of age specified in this section. Such statement shall be so signed in the presence of the person issuing the employment certificate. The person issuing employment 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. A certificate relating to the age or place of birth of any child or to any other fact sought to be established in re- 120 LAWS RELATING TO EDUCATION. [Chap. 149. lation to school attendance shall be issued, upon request, by a town clerk, and no fee shall be charged therefor by a town clerk or other official. The superintendent of schools or a person authorized by him in writing may revoke the employment certificate or home permit of any child failing to attend a continuation school or course of instruction when so required by sec- tions twenty-two and twenty-five of chapter seventy-one. Whenever such a certificate authorizing employment of a child elsewhere than in his place of residence is held by him the superintendent of schools of the town of his em- ployment shall forthwith notify the superintendent of schools issuing the certificate of the child's failure to com- ply with said section twenty-two. School Record. SSedTr"* Section 88. The school record required by the pre- empioyment ccdiug scctiou shall bc filled out and signed by the prin- issue of. ' cipal or teacher in charge of the school which the child R. l'. 106', § 31. last attended, and shall be furnished only to a child who, 1905; 111'. after due examination and investigation, is found to be en- imsit; titled thereto. Said school record shall state the grade i9i3^'77*9^§ 17 ^^^^ completed by such child and the studies pursued in 1916' 66°' completion thereof. It shall state the number of days 1919! 29'2, § 13. during which such child has attended school during the twelve months next preceding 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. If the school record is not obtainable 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 granted unless the child pos- sesses the educational qualifications described in section one of chapter seventy-six; provided, that a child over fourteen who does not possess such qualifications may be granted a limited employment certificate good only on days when school is not in session. No such school record shall be issued or accepted unless the child has regularly attended the public or other law- fully approved schools for not less than one hundred and Chap. 149.] LABOR AND INDUSTRIES. 121 thirty days after becoming thirteen; provided, that the school record may be accepted in the case of a person who has been an attendant at a public day or other lawfully approved school for a period of not less than seven years, if in the opinion of the superintendent of schools such person is mentally incapable of acquiring the educational qualifications herein prescribed; and provided, further, that the superintendent may suspend this requirement in any case when in his opinion the interests of the child will best be served thereby. Employment Certificates. Section 89. The employment certificate required under Contents of this chapter shall state the name, sex, date and place of certificate. birth and the place of residence of the child, and describe §§4,' 9. ' the color of his hair and eyes and any distinguishing facial Jig"; |ol; ^ ^' marks. It shall certify that the child named in such i898^'494;^^' certificate has personally appeared before the person issu- |^§ ^ ^.^g ^ ^^ ing the certificate and has been examined, and, except i909, bu, in the case of a limited certificate, found to possess the i9io,'257,§ 4. educational qualifications described in section one of chap- ign! 3i6.' ter seventy-six, and that all the papers required by section |^op' 1^ 0.^02! eighty-seven 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 au- thorizes the child to be employed. It shall bear a number, show the date of its issue and be signed by the person issuing it. No fee shall be exacted by a town clerk or other official for an employment certificate or for any paper required by sections eighty-seven to ninety-five, in- clusive. No duplicate employment certificate shall be issued until it shall appear to the satisfaction of the person authorized to issue certificates that the original has been lost. A record giving all the facts contained on every em- ployment certificate issued shall be filed in the office issuing the same, together with the papers required by section eighty-seven. A record shall also be kept of the names and addresses of all children to whom certificates 122 LAWS RELATING TO EDUCATION. [Chap. 149. have been refused, together with the names of the schools which said children should attend and the reasons for re- fusal. All the aforesaid records and papers shall be pre- served until such children, if living, have become sixteen. Such records and statistics concerning the issuance of em- ployment certificates as may be prescribed by the depart- ment of education shall be kept, and shall be open to the inspection of said department, its officers or agents. The blank certificates and other papers required in connection with the issuing of employment certificates and educational certificates under this chapter shall be furnished to the local school committees by the department of labor and industries, by which they shall be prepared after conference with the department of education and the approval of the forms thereof by the attorney general. Said certificates and papers may bear explanatory matter necessary to facilitate the enforcement of this chapter or to comply with future legislative requirements. megaUmSy- SECTION 90. Whocvcr employs a child under sixteen, dien^under ^^ whocvcr procurcs, or, having under his control a child sixteen, altering under sixtccn, permits him to be employed in violation of certificate, etc. scctiou cighty-six, shall be punished by a fine of not less 1836, 245, § 2. , , . ^i nel in i • 1849, 220, § 3. than ten nor more than iirty dollars or bv imprisonment 1QCO QO R O rt 1 V i G. s.' 42,' § 2.' for not more than one month ; and whoever continues to llrjslfllf-g employ a child under sixteen in violation of said section, i'883,1f24!^ ^' *■ ^^^^^ being notified thereof by a school attendance officer ills' 348' § 9' ^^ ^^ ^^ inspector, shall for every day thereafter while 1894! 508'. § 67. such employment continues be punished by a fine of not R. L. 106'. § 33. less than fifty nor more than two hundred dollars or by 1906.499, imprisonment for not more than two months; and who- ITeCits. ^^^^ forges, or procures to be forged, or assists in forging a 1913; 779 § 19 certificate of birth or other evidence of the age of such 209^Ma^ss' 489 ^^^^^' ^^'^ whocvcr prcscuts Or assists in presenting a forged certificate or evidence of birth to the superin- tendent of schools or to a person authorized by law to issue certificates, for the purpose of fraudulently obtaining the employment certificate required by section eighty-six, 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 both. 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. Whoever, without authority, alters an employ- Chap. 149.] LABOR AND INDUSTRIES. 123 ment certificate after the same is issued shall be punished by a fine of ten dollars. Section 91. The employer of any minor between four- Employer to teen and sixteen who is required by section twenty-two of who dots not "^ chapter seventy-one to attend a continuation school or thn^uatio^n'^''" course of instruction shall cease forthwith to employ such school if re- . . , , . , p quired to do so. minor when notified in writing by the superintendent of i9i3. 805. § 6. schools, or by his representative duly authorized in writing, having jurisdiction over such minor's attendance, of his non-attendance in accordance with said section. An em- ployer failing to comply with this section shall be punished by a fine of not less than ten nor more than one hundred dollars. Section 92. Attendance officers may visit the factories, Duties of 11 p , ' I'lj j.'i attendance workshops, manuractunng, mechanical and mercantile es- officers and tablishments, theatres, and places of public exhibition in rega?d*?oMi°gai their several towns, and ascertain whether any children chifd?J^^°* °^ are employed therein contrary to this chapter, and shall ^^ g^'/g^^j- 1 ^• report in writing any cases of such illegal employment to isss, 348, § 8^ the superintendent of schools or the school committee and isgs! 494! § 8. ' to the department or its authorized officers or agents. In- igoe,' 499,' § 2. ' spectors shall visit all factories, workshops, manufacturing, §§°|2,^h5. mechanical and mercantile establishments within their re- \l\l'^ ^^| 1 1^- spective districts, and ascertain whether any children are Penalty, § iso. employed therein contrary to this chapter, and shall enter complaint against whomever is found to have violated any of its provisions. No inspector shall knowingly or wilfully violate any provision of this section. Section 93. An attendance officer shall apprehend and o^atwin*^ take to school, without a warrant, any minor employed in "^^g^'^^-gg § 3 any factory, workshop, manufacturing, mechanical or mer- 1909! 514' cantile establishment, or in any theatre or place of public 1913, '779, §21. exhibition contrary to this chapter; and such attendance Penalty, § 1 so. officer shall forthwith report to the district court or trial justice within whose judicial district the illegal employ- ment occurs the evidence in his possession relating to the illegal employment of any minor so apprehended, and shall make complaint against whomever the court or trial jus- tice may direct. No attendance officer shall knowingly and wilfully violate any provision of this section. 124 LAWS RELATING TO EDUCATION. [Chap. 149. Educational certificates, etc., to be shown on re- quest of officials. 1878, 257, § 3. P. S. 48, § 6. 1888, 348, §§ 8, 9. 1894, 508, §§ 23, 67. 1898, 494, §§6,8. R. L. 106, §§ 33, 34. 1906, 499, §§ 4, 6. Educational certificates for minors be- tween sixteen and twenty- one. 1887, 433, § 2. 1888, 348, § 9. 1889, 135. 1891, 317. 1894, 508, §§ 24, 67. 1898, 494. §§6,7. R. L. 106, §§ 33, 35. 1902, 183. 1906, 499, §§4,6. 1909, 514, §§ 64, 66, 145. 1913, 779, §§ 22, 23. 1916, 95, § 3. 1921, 341. Further penalty, § 97. Educational Certificates. Section 94. (As aviended hy chapter 351, Acts of 1921.) Inspectors, agents of the department of education and attendance officers may require that the employment of educational certificates and lists of minors employed in any establishment or occupation for which employment or educational certificates are required shall be produced for their inspection. A failure so to do upon request shall be prima facie evidence of the illegal employment of any minor whose certificate is not produced or whose name is not so listed. 1909. 514, §§ 64, 145. 1913, 779, § 22. 1919, 350, § 56. 1921, 351, § 3. Section 95. {As amended hy chapter 341, Acts of 1921.) No minor over sixteen and under twenty-one shall be em- ployed in a factory, workshop, manufacturing, mechanical or mercantile establishment, or in a public or private bowling alley, pool or billiard room, bootblack stand or establishment, barber shop, or in the construction or re- pair of buildings, or by an express or transportation com- pany, except as provided for pupils in co-operative courses, unless his employer procures and keeps on file an educa- tional certificate showing the age of the minor and his ability or inability to read and write as hereinafter pro- vided. Such certificates shall be issued by the person au- thorized by section eighty-seven to issue employment cer- tificates. The person authorized to issue such educational certificates shall, so far as practicable, require the proof of age stated in said section. He shall examine the minor and certify whether or not he possesses the educational qualifications described in section one of chapter seventy- six. Every such certificate shall be signed, in the presence of the person issuing it, by the minor in whose name it is issued. Every employer of such minor shall keep their educa- tional certificates accessible to any officer mentioned in section ninety-two 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 minors. If the educational certificate of any minor over sixteen and under twenty-one fails to show that said minor possesses the educational qualifications described in sec- tion one of chapter seventy-six, no person shall employ Chap. 149.] LABOR AND INDUSTRIES. 125 such minor while a public evening school is maintained in the town where the minor resides, unless such minor is a regular attendant at such evening school or at a day school and presents to his employer each week a school record of such attendance. When such record shows unexcused absences, such attendance shall be deemed to be irregular and insufficient. The person authorized to issue educa- tional certificates, or teachers acting under his authority, may, however, excuse justifiable absence or waive the school attendance requirements of this section if in the opinion of the school physician the physical or mental con- dition of a minor is such as to render attendance harmful or impracticable. Whoever retains an educational certifi- cate contrary to this section or fraudulently secures or alters such certificate shall be punished by a fine of not less than ten nor more than one hundred dollars. Section 96. Sections eighty-six to ninety-five, inclu- Application of , ,, , 1 •! 1 !• p • • sections 86 to sive, shall not prevent children oi any age from receivmg 95, inclusive. manual training or industrial education in or in connection 1919; 350; § 50! with any school in the commonwealth duly approved by the local school committee or by the department of educa- tion. Section 97. Whoever employs a minor in violation of j^fegai'^empLy- section ninetv-five shall be punished by a fine of not more ment of minor • ,, '^ ^ without educa- than one hundred dollars. tionai certifi- cate. 1887, 433, § 2. 1894, 508, § 70. 1902, 183. 1889, 135. 1898, 494, § 7. 1909, 514, §§ 66, 145. 1891, 317. R. L. 106, § 35. 1913, 779, § 23. Section 98. A parent, guardian or custodian who per- Penalty on mits a minor to be employed in violation of section ninety- afio^ing^mi'nor five shall be punished by a fine of not more than twenty without™e&^ dollars. Fines imposed under this and the preceding sec- tio°^i certifi- tion shall enure to the use of the evening schools of the 1887, 433, § 2. town where the violation occurs. isoi! 3i7. 1894, 508, § 70. R. L. 106, § 35. 1909, 514, §§ 66, 145. 1898, 494, § 7. 1902, 183. 1913, 779, § 23. Theatrical Exhibitions. Section 104. No person shall employ, exhibit or sell, Sn'nor*^^" apprentice or give away, a child under fifteen for the pur- appeaMn°the- pose of employing or exhibiting him in dancing on the ^fj^f •g^c'"''''' stage, playing on musical instruments, singing, walking on i877,'^y2. a wire or rope, or riding or performing as a gymnast, con- 1894, 508, tortionist or acrobat in a circus, theatrical exhibition or in i898,'394. any public place, or cause, procure or encourage such child f-^^; ^°^' 126 LAWS RELATING TO EDUCATION. [Chap. 149. 1909, 514, §§ 76. 145. 204 Mass. 18. License not to be granted for exhibitions in which children under fifteen take part. 1874, 279. 1880, 88. P. S. 48, § 9. 1894, 508, § 50. R. L. 106, § 46. 1909, 514, §§ 77, 145. to engage therein; but this section shall not prevent the education of children in vocal and instrumental music or dancing or their employment 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 permission of the aldermen or selectmen. Whoever violates this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months. Section 105. A license shall not be granted for a theatrical exhibition or public show in which children under fifteen are employed as acrobats or contortionists or in any feats of gymnastics or equestrianism, or in which such children attending 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 this section shall not prevent granting the special per- mission authorized by the preceding section. Weekly pay- ment of wages. 1879, 128. P. S. 28, § 12. 1886, 87, §§ 1. 2. 1887, 399, § 1. 1891, 239, § 1. 1894, 508, §§ 51, 65. 1895, 438. 1896,241; 334. 1898, 481. 1899, 247. 1900, 470. R. L. 106, § 62. 1902, 450. 1906, 427. 1907, 193. 1908, 650. 1909, 514, §§ 112, 145. 1910, 350. 1911, 208. 1914, 247. 1915, 75. 1916, 229. 1918, 87. 1919, 350, § 117. 163 Mass. 589. 170 Mass. 140. 172 Mass. 230. 193 Mass. 537. 195 Mass. 548. 206 Mass. 417. 2 Op. A. G. 175. Op. A. G. (1919) 112. WEEKLY PAYMENT OF WAGES. Section 148. Every person engaged in carrying on a hotel or club in a city, or a factory, workshop, manu- facturing, mechanical or mercantile establishment, mine, quarry, railroad or street railway, or telephone, telegraph, express or water company, or in the erection, alteration, repair or removal of any building or structure, or the con- struction or repair of any railroad, street railway, road, bridge, sewer, gas, water or electric light works, pipes or lines, shall pay weekly each employee engaged in his busi- ness the wages earned by him to within six days of the date of said payment; but any employee leaving his em- ployment shall be paid in full on the following regular pay day; and any employee discharged from such employment shall be paid in full on the day of his discharge, or in Boston as soon as the laws requiring pay rolls, bills and accounts to be certified shall have been complied with; and the commonwealth, its departments, officers, boards and commissions shall so pay every mechanic, workman and laborer employed by it or them, and every person em- ployed by it or them in any penal or charitable institution; and every county and city shall so pay every employee Chap. 143.] INSPECTION OF BUILDINGS. 127 engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee re- quests in writing to be paid in a different manner; and every town shall so pay each employee in its business if so required by him; but an employee absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand. This section shall not apply to an employee of a co-operative corporation or association if he is a stockholder therein unless he requests such corpora- tion to pay him weekly. The department of public utili- ties, after hearing, may exempt any railroad corporation from paying weekly any of its employees if it appears that such employees prefer less frequent payments, and that their interests and the interests of the public will not suffer thereby. No person shall by a special contract with an employee or by any other means exempt himself from this section or section one hundred and fifty. Whoever violates this section shall be punished by a fine of not less than ten nor more than fiftv dollars. CHAPTER 143. INSPECTION AND REGULATION OF, AND LICENSES FOR, BUILDINGS, ELEVATORS AND CINEMATOGRAPHS. Sect. general provisions. 1. Definitions. INSPECTION OF BUILDINGS. 15. Construction of public buildings. 16. Penalty. 21. Fire escapes, exits, etc. 22. Fire escapes to be kept clear. 23. Stairways to be kept clear. 24. Fire extinguishers, etc. Sect. 25. Wooden flues, etc., prohibited. 28. Certificate of inspection. 30. Notice of change in use of building. 32. Schoolhouses in cities to have fire es- capes. 42. Ventilation and sanitation. Inspec- tion by department of public health. 50. Penalty for hindering inspector, etc. 53. General penalty. GENERAL PROVISIONS. Section 1. In this chapter the following terms, unless Definitions. a contrary meaning is required by the context or is spe- i904,"450,'§ i. ' cifically prescribed, shall have the following meanings: 655^§§\^4!^ ^* "Alteration", changes in or addition to a building. loefi'L^' "Department", department of public safety. 128 LAWS RELATING TO EDUCATION. [Chap. 143. "Miscellaneous hall", a building or part thereof con- taining an assembly hall with a seating capacity of not more than four hundred, a society hall, or a hall in a public or private school building. "Public building", any building or part thereof used as a public or private institution, schoolhouse, church, the- atre, special hall, public hall, miscellaneous hall, place of assemblage or place of public resort. "Repair", the reconstruction or renewal of a building or part thereof damaged by fire or other cause. Construction of public buildings. 1888, 316, § 1. 1892, 419, § 138. 1893, 199, § 1. 1894, 382, § 3; 481, §§ 25, 39. R. L. 104, §§ 22, 53. 1913, 655, §§ 15, 52. 230 Mass. 306. 3 0p. A. G. 231. 4 Op. A. G. 347. Op. A. G. (1919) 46. INSPECTION OF BUILDINGS. Section 15. Except in Boston, no building which is de- signed to be used, or in which alteration shall be made for the purpose of using it, or continuing its use, in whole or in part, as a pubhc building, . . . shall be erected, and no alteration shall be made therein, until a copy of the plans and specifications thereof has been deposited with the supervisor of plans 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, if the supervisor of plans so requires. Such building shall not be so erected or altered without suSi- cient egresses and other means of escape from fire, prop- erly 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 by the supervisor of plans of such plans and specifications, endorsed with the approval of the chief of inspections of the department, or a specification of re- quirements necessary for compliance with sections fifteen to sixty, inclusive, set forth in detail and so endorsed, shall be issued to the person causing its erection or alter- ation, or to the architect thereof, and a copy of the same. Chap. 143.] INSPECTION OF BUILDINGS. 129 together with the plans, shall then be turned over to the inspector in whose district the building is to 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 specifica- tion or in the building without the written permission of the supervisor of plans. Section 16. Whoever, except in Boston, erects, con- Penalty. structs or makes alteration in a building, or draws plans 1892! 419; or specifications, or saperintends the erection, construction fsg^^gg, § 2. or alteration of a building in violation of sections fifteen to 4|if'§§^|6,^3|; sixty, inclusive, shall be punished by a fine of not less than |^j ^^ ^o|' fifty nor more than one thousand dollars. i9i3, ess. §§ le, 52. Section 21. Except in Boston, any building in whole Fire escapes, or in part used as a public building, . . . shall be provided mi, 214, with proper egresses or other means of escape from fire suffi- flso, ^i'97^' cient for the use of all persons accommodated . . . therein ; ^^ ^5]%] but no owner, lessee or mortgagee in possession of such Jlgi'^'ael' building shall be deemed to have violated this provision |L\' 25,' unless he has been notified in writing by an inspector as i888;207; to what additional egresses or means of escape from fire 1894. 48i, § 24. are necessary, and for thirty days has neglected or re- r/l.' lol.' ^' fused to provide the same. The egresses and means of i9o^7%^o^3, § 1. escape shall be kept unobstructed, in good repair and §f ^2^5 ^5^2^' ready for use, and, if the inspector so directs in writing, JSl'jj^^' |/- every such egress shall be properly lighted and provided lei Mass! 3s! with a sign having on it the word "Exit" in letters not 3 Op. a.^g. 319. less than five inches in height, and so made and placed ^ ^^" ^' ^' ^^^' as plainly to indicate to persons within the building the situation of such egresses; stairways shall have suitable hand rails; egress doors and windows shall open out- wardly . . . The certificate of the inspector shall be con- clusive evidence of a compliance with the said requirements. Portable seats shall not be allowed in the aisles or passage- ways of such buildings during any service or entertain- ment held therein. Stairways on the outside of the build- ing 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 22. Any article placed upon a fire escape or Fire escapes an outside means of egress of any building is hereby de- dear. Glared a common nuisance. Any court authorized to issue ^ ' '^ ' 130 LAWS RELATING TO EDUCATION. [Chap. 143. Stairways to be kept clear. 1905, 347, § 2. §9. Fire extin- guishers, etc 1877, 214, §§ 4, 9. P. S. 104, §§ 19, 23. 1888, 426, 1894, 481, §§ 34, 39. R. L. 104, §§ 26, 53. 1913, 655, §§ 21, 52. Wooden flues, etc., prohibited. 1885, 326. 1888, 316, § 1; 426, § 8. 1892, 419, § 138. 1893, 199, § 1. 1894, 481, §§ 25, 33, 39. R. L. 104, §§ 23, 53. 1913, 655, §§ 22, 52. warrants in criminal cases may, upon complaint under oath made by any police officer that any article is placed or maintained upon a fire escape or outside means of egress of any building, issue a warrant to bring such article when found before a court having jurisdiction of the same, and all articles seized under the authority of such a war- rant shall be disposed of in like manner as gaming imple- ments seized under chapter two hundred and seventy-six. Any owner, lessee, tenant or occupant of any building who maintains or permits to remain upon any fire escape or outside means of egress of any building any article for more than twenty minutes shall be punished by a fine of not more than one hundred dollars. The existence of any article upon a fire escape or outside means of egress of any building shall be prima facie evidence that such article was so placed, maintained or permitted to remain by the occupant of the premises having access from said building to said fire escape or outside means of egress. Section 23. Every stairway of every building shall be kept free and unobstructed, and any person who permits any article to remain in any stairway of any building in such a manner as may impede the egress of any person lawfully in said building or the ingress of any person law- fully entitled to enter said building shall be punished by a fine of not more than five hundred dollars. The exist- ence of any article in any such stairway in any building shall be prima facie evidence that it was placed or per- mitted to remain therein by the owner, lessee, tenant or occupant of the building. Section 24. Except in Boston, the basement and each story of a building which is subject to section twenty-one shall be supplied with means of extinguishing fire, consist- ing 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 25. Except in Boston, no wooden flue or air duct for heating or ventilating purposes shall be placed or remain placed in any building subject to sections fifteen and twenty-one, and no pipe for conveying hot air or steam in such building shall be placed or remain placed within one inch of any woodwork, unless protected to the satisfaction of the inspector by suitable guards or casings of incombustible material. Chap. 143.] INSPECTION OF BUILDINGS. 131 Section 28. Except in Boston and as otherwise pro- certificate vided by law, the inspectors shall from time to time i888T2'6,'T2. examine all buildings within their respective districts fi^fg.^^^' which are subject to sections fifteen to sixty, inclusive. §§^1^*3^9; If in the judgment of any such inspector such building R^ l^'io4. conforms to the requirements of said sections for buildings 1913, 655, of its class, he shall issue to the owner, lessee or occupant 4 Op.A. g. 305. thereof, or of any portion thereof used in the manner de- scribed in section twenty-one a certificate to that effect, specifying the number of persons for whom the egresses and means of escape from fire are sufficient. Such certifi- cate shall continue in force for not more than five years after its date, but so long as it continues in force it shall be conclusive evidence of a compliance with said section by the person to whom it is issued. It shall be void if a greater number of persons than is therein specified are accommodated or employed, or assemble, lodge or reside within such building or portion thereof, or if such building is used for any purposes materially different from the pur- pose for which it was used at the time of the granting thereof, or if its interior arrangement is materially altered, or if any egresses or means of escape from fire in such building at the time of granting the said certificate are rendered unavailable or are materially changed. The certificate may be revoked by an inspector at any time upon written notice to the holder thereof or to the occu- pant of the premises for which it was granted, and shall so be revoked if, in the opinion of the inspector, circum- stances have so changed that the existing egresses and means of escape are not proper and sufficient. A copy of said certificate shall be kept posted in a conspicuous place upon each story of such building by the occupant of the premises covered thereby. Section 30. Except in Boston, if any change shall be Notice 9f made upon premises for which such certificate has been of building. issued or in the use thereof which would render the certifi- \lll\ HI] cate void according to section twenty-one, the person fgg^^si, making such change shall forthwith give written notice g 29.^39.^ thereof to an inspector for the district or to the commis- ll^ig^-gll sioner of public safety. §§ 27, 52.' Section 32. If a schoolhouse in any city, except Bos- schodhousM in ton, has not been provided with a safe and proper egress l\e^eaclpes'!° or other means of escape from fire, as required by sections Hif §^lo.' fifteen to sixty, inclusive, within six months after the fg^^. 104. § 11. written notice provided for in the preceding section, the 132 LAWS RELATING TO EDUCATION. [Chap. 143. mayor, for the purpose of conforming to the provisions of this chapter relative to egresses or other means of escape from fire in schoolhouses, may, upon petition of one hun- dred citizens or taxpayers in such city, authorize the ex- penditure 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 appro- priated. and^sanVtation. SECTION 42. Every public building as defined in section de^artment^of ^^^' ^^ccpt schoolhouscs in which pubHc or private in- pubiioheaith. structiou is afforded to less than eleven pupils at one §§40,41.' time, shall be kept clean and free from effluvia arising 3 0p!a. G. 192. 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 re- quired in any such public building, in order to conform to the requirements of this section, and that such require- ment can be provided without unreasonable expense, he may issue a written order to the proper person or au- thority, directing such heating, ventilating or sanitary pro- visions to be provided. A school committee, public officer or person who has charge of, owns or leases any such public building, 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 district health officers or such other officers as the department of public health may from time to time appoint shall make such examinations of school buildings subject to this sec- tion as in the opinion of the department the protection of the health of the pupils may require. This section shall not apply to Boston. hhX'rmgTn- Section 50. Any person who hinders or prevents or i904!°4'^5a "§ 12. attempts to prevent the commissioner of public safety, the 1913' 655 1 49 ^^^^^ ^^ inspcctious of the department or any inspector from entering any building, structure or enclosure or part thereof in the performance of his duty in the enforcement of the laws of the commonwealth relating thereto shall be punished by a fine of not less than fifty nor more than one hundred dollars. penaYty. SECTION 53. Whocver, being the owner, lessee or occu- ilii; 326.' § I; P^^^ o^ a^y building described in section twenty-one, Chap. 146.] INSPECTION OF STEAM BOILERS. 133 violates any provision of sections fifteen to fifty-two, in- isss, 426, § 12. elusive, for which no other penalty is specifically pre- 48i, '§§ ed, 62.' scribed, shall be punished by a fine of not less than fifty §§55,56.' nor more than five hundred dollars. ^^^^' ^^^' ^ ^• CHAPTER 146 INSPECTION OF STEAM BOILERS. Sect. 1. Definitions. INSPECTION OP BOILERS. 5. Duties of inspectors of the division. 6. Annual inspection. 7. Certain boilers excepted. 8. BoUers not to be operated without inspection. 9. Boiler not to be operated in excess of prescribed pressure. 10. Report of uninsured boiler. 11. Duties of inspector. 12. Tampering with safety appliance. 13. Inspection by insurance companies or inspectors of the division. Sect. 20. Safety appliances. 21. Preparation of boiler for inspection. 23. Certificate of inspection by the di- vision. 24. Inspected boiler to be stamped or tagged. 25. Certificate of inspection by insurance company. 26. First inspection. 28. Safety plug. 29. Notice of defect in boiler. 30. Uninsured boiler not to be operated. 31. Hydrostatic pressure test. 32. Hindering inspector forbidden. 33. Penalty. Section 1. The following words as used in this chap- Definitions. ter unless a contrary meaning is specifically prescribed or the context otherwise requires shall have the following meanings: • ,« • • • • • • • • • "Commissioner", the commissioner of public safety. "Department", the department of public safety. INSPECTION OF BOILERS. Section 5. The division shall enforce this chapter and the rules of the board except when otherwise provided. All inspectors of the division may enter any premises in the pursuance of their duty. Duties of inspectors of the division. 1895, 471, §§ 5, 8. 1899, 368, §§8,11. R. L. 102, § 86. 1905, 310, § 3; 472, § ?.. 1906, 387, § 6. 1907, 465, § 28. 1909, 393, § 3. 1911, 656, § 6. 1913, 610. § 4. 1914, 467, § 5. 1915, 259, § 11. Section 6. All steam boilers and their appurtenances except those specified in the following section shall be thoroughly inspected externally and internally at least once a vear. 1908, 563, § 1. 1907, 465, § 1. 1909, 393, § 1. 1912, 531, § 1. Annual inspection. 1895, 418, § 2. 1898, 167. R. L. 105, §{. 1906, 387, § 1. 134 LAWS RELATING TO EDUCATION. [Chap. 146. Certa lin boilers excepted. 1895, 418, §§1. 2. 1898. 167. R. L. 105, §§2, 3. 1905, 472, §1. 1906, 387, §1. 1907, 465, § 1. 1908. 563, §1. Boilers not to be operated without inspection 1906, 387, §2. 1907, 465, § 19, 1912, 531, §1. Penalty, § 33. Boiler not to be operated in excess of prescribed pressure. 1907, 465, § 1. 1908, 563, § 1. 1909, 393, § 1. 1912, 531, § 1. Penalty, § 33. Report of uninsured boiler. 1895, 418, § 1. R. L. 105, § 2. 1907, 465, §2. 1912, 531, ,§2. 1913, 610, §4. Penalty, § 33. Duties of inspector. 1907, 465, § 3. Tampering with safety appliance. 1895, 418, § 4. R. L. 105, § 5. 1907, 465, § 3. Inspection by insurance com- panies or inspectors of the division. Section 7. The preceding section shall not apply . . . to boilers used in private residences, nor to those used solely for heating public buildings or apartment houses which carry pressures not exceeding fifteen pounds to the square inch and have less than four square feet of grate surface, nor to boilers of not more than three horse power. . . . 1909, 393, §§ 1, 3. 1912, 531, § 1. Section 8. No person shall operate or cause to be operated any boiler required by this chapter to be in- spected until it has been inspected, and the certificate of inspection required by section twenty-three or twenty-five has been issued and so placed in the engine or boiler room of the plant as to be easily read. . . . Section 9. No person shall operate or cause to be operated any boiler required by this chapter to be in- spected at pressures in excess of the safe working pressure ascertained by the rules of the board and stated in the certificate of inspection nor unless the boiler is equipped with such safety appliances as are prescribed by the board. Section 10. Whoever owns, or uses or causes to be used, any such boiler, unless the same is under the peri- odically guaranteed inspection of an insurance company authorized to insure boilers in the commonwealth, shall report in writing to the chief the location of such boiler, before the work of installation of such boiler is completed, and annually thereafter; provided, that the owner or user of an insured boiler shall report immediately in writing to the chief whenever the insurance company ceases for any cause to inspect the boiler. Section 11. All such boilers shall be inspected ex- ternally at least once each year when in operation, and the inspector shall observe the pressure of steam carried and the general condition of each boiler, and ascertain if the safety valve and the appliances for indicating the pressure of steam and level of the water in the boiler are in proper working order. Section 12. No person shall remove or tamper with any safety appliance prescribed by the board nor load the safety valve to a greater pressure than that allowed by the certificate of inspection. Penalty, § 33. Section 13. The inspection of boilers and appurte- nances shall be made by the division, under the supervision Chap. 146.] INSPECTION OF STEAM BOILERS. 135 of the chief, or by inspectors of insurance companies an- 1893,387. thorized to insure steam boilers in the commonwealth. isos', 4i8', § s! 1896, 546, §4. R. L. 105, § 1. 1913, 610, § 4. 1898, 261. 1907, 465, § 4. Section 20. Boilers and their appurtenances used ex- safety clusively for heating purposes, which are not required by i907,^465!§ 12. this chapter to be inspected, shall be provided with such safety appliances as shall be prescribed by the board, and the division shall inspect such boilers upon application of the owner. Section 21. The owner or user of a boiler required by Preparation of this chapter to be inspected shall prepare the boiler for inspection. inspection as directed by the inspector. The inspector ifgl; te?! ^ ^' shall, if requested, give the owner or user at least fourteen f^^- ^^|' | \^ days' notice to prepare a boiler for inspection; provided, 1912, 531, §4. that no notice shall be required of an external inspection Penalty, § 33. under steam, nor if the boiler is being installed or has not been inspected within one year and a certificate of inspec- tion issued. If, in the judgment of an inspector of the division, any such boiler or its appurtenances is in a de- fective or dangerous condition, he may immediately forbid the operation of the boiler, whether or not it is under the inspection of an insurance company; and no person shall again operate such boiler, or cause it to be operated, until a certificate of inspection has been issued by an inspector of the division. Section 23. If, upon inspection, the inspector of the Certificate of division finds the boiler to be in safe working order, with the division. the fittings necessary to safety, and properly set up, and §§ 3,' 4. ' the boiler and its appurtenances conform to the rules of ^§4,1^^' the board, he shall issue to the owner or user thereof a J^^f • |g|' | ^^g certificate of inspection stating the maximum pressure at 1912! 531, § 6. which the boiler may be operated, as ascertained by the Penalty, § 33. rules of the board, and thereupon such owner or user may operate the boiler mentioned in the certificate; if the in- spector finds otherwise, he shall withhold his certificate until the boiler and its fittings are put in a condition to insure safety of operation, and the boiler and its appurte- nances conform to the rules of the board, and the owner or user shall not operate such boiler, or cause it to be operated, until such certificate has been granted. Section 24. Every boiler which has been inspected by inspected boiler the division shall be numbered either by stamping the Mtagged"^^^ 136 LAWS RELATING TO EDUCATION. [Chap. 146. 1906, 522, §§ 2, 3. 1907, 465, § 16. Penalty, § 33. Certificate of inspection by insurance company. 1905, 472, § 2. 1907, 465, § 17. 1912, 531, § 7. First inspection. 1907, 465, § 18. 1908, 563, § 2. 1913, 610, § 4. Safety plug. 1850, 277, § 1. G. S. 88, § 43. P. 8. 102, § 51. R. L. 105, § 9. 1907, 465, § 20. Penalty, § 33. Notice of defect in boiler. 1907, 465. § 21. Uninsured boiler not to be operated. 1907, 465, § 22. Penalty, § 33. Hydrostatic pressure test. 1907, 465, § 23. number upon the boiler or by attaching a numbered metal tag by a seal or otherwise to the boiler or its fittings. No person except an inspector of the division shall deface or remove any such number or tag. Section 25. Insurance companies shall, after each in- ternal and external inspection, if the boiler and its appurte- nances conform to the rules of the board, and if they deem the boiler to be in safe working condition otherwise, issue a certificate of inspection stating the maximum pressure at which the boiler may be operated as ascertained by the rules of the board. Section 26. If a boiler is insured which has not pre- viously been inspected externally and internally and a cer- tificate of inspection issued, the company so insuring shall forthwith notify the chief to that effect, and shall inspect such boiler internally and externally within one month after the insurance is effected. No insurance shall be effected on any boiler which does not conform to the rules of the board. Section 28. No person shall use, or cause to be used, a steam boiler, excepting boilers upon motor vehicles, steam fire engines, boilers in private residences, or boilers under the jurisdiction of the United States, unless it is equipped with a fusible safety plug made of lead or some other equally fusible material, as specified by the rules of the board. Section 29. The owner or user of any boiler required by this chapter to be inspected shall immediately notify the division or the insurance company, if the boiler is in- sured, if a defect affecting the safety of the boiler is dis- covered. Section 30. If the insurance on any boiler required by this chapter to be inspected expires, or is cancelled because the insurers deem it unsafe to continue the operation thereof, the owner or user shall cease to operate it until it has been put in a safe condition, satisfactory to the in- surers, or has been inspected by the division and a cer- tificate of inspection has been issued. Section 31. If, in the judgment of the inspector of the division or of the insurance company, it is advisable to apply a hydrostatic pressure test to a boiler, the owner or user shall prepare the boiler for such test, as directed by the inspector of the division or by the insurance company. Chap. 146] INSPECTION OF STEAM BOILERS. 137 Section 32. No person shall prevent or attempt to Hindering prevent the chief or any inspector of the division from forbfdden. entering any premises on which a boiler is situated. ^^^' ^^''' ^ ^• 1907, 465, § 28. 1909, 393, § 3. Penalty, § 33. Section 33. Whoever violates any provision of sections Penalty. five to thirty-two, inclusive, or of the rules of the board liS II?: ^ ^■ shall be punished by a fine of not less than twenty nor p.|.'^2,V53 more than five hundred dollars or by imprisonment for ^^[^ ^^f § ^• not more than six months, or both. §§6,ii. ' 1906, 387, §§ 4, 5. 1907, 465, § 28. 1909, 393, § 3. 138 LAWS RELATING TO EDUCATION. Additional Laws Eelating to Education. Flower of the Commonwealth. Chapter 2. Flower of the SECTION 7. The mavflower (epi^sea repens) shall be the commonwealtn. "^ ,ipi 1ji 1918, 181. flower or floral emblem or the commonwealth. Notice and deposit, etc., of petitions for incorpora- tion of educa- tional institu- tions. 1896, 381, §§ 1, ?■ R. L. 3, §§ G, ■; 1912, 481. 1914, 56. 1919, 293, §§ 1-3, 5. Incorporation of Educational Institutions. Chapter 3. 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 an amendment to the charter of any existing educational institution which will give it such power, shall on or before November first prior to its in- tended presentation deposit the same in the office of the department of education. The petitioners shall give notice of the petition by publishing a copy thereof once in each of three successive weeks in such newspapers as the com- missioner of education may designate, the last publication to be made at least fourteen days before the session of the general court at which the petition is to be presented; and the petitioners shall, on or before January first, file with the said commissioner satisfactory evidence that the petition has so been published. If the petition is ap- proved by said department, it shall transmit it to the general court during the first week of the following session, together with its recommendations relative thereto. Meanings of Certain Words in construing Statutes. Chapter 4. Section 7. In construing statutes the following words shall have the meanings herein given, unless a contrary intention clearly appears. SPECIAL DAYS. 139 Eighteenth, "Legal holiday" shall include January first, j|^f|^^ „ February twenty-second, April nineteenth, May thirtieth, isse. lis. § i. July fourth, the first Monday in September, October issi', ii. ^' twelfth, Thanksgiving day and Christmas day, or the day f88^i,^4'9^ ^*" following when any of the five days first mentioned, Jfgl; fgo; § 4 October twelfth or Christmas day occurs on Sunday; and r^l 8^||^- the public offices shall be closed on all of said davs. ci-?- '„ ^ " 1910, 473. 1911, 136. 1916. 104, § 1. 3 Op. A. G. 467. Thirty-fifth, "Valuation", as applied to a town, shall "Valuation.- mean the valuation of such town as determined by the last preceding apportionment made for the purposes of the state tax. Special Days. Chapter 6. Lincoln's Birthday. Section 13. The governor shall annually issue a proc- observance lamation setting apart February twelfth as Lincoln Day, of Abraham ^^ and recommending that it be observed by the people with 1'9S5°328. appropriate exercises in the public schools and otherwise, as he may see fit, to the end that the memory of the public service and private virtues of Abraham Lincoln may be perpetuated. Flag Day. Section 14. The governor shall annually set apart p{^^*"g^°''® °^ June fourteenth as Flag Day, and shall issue his proclama- i9ii. Res'. 5. tion recommending that the day be observed by the people national flag in the display of the flag and in such other ways as shall by^he'con- be in harmony with the general character of the day. gr°ssraJune 14, 1777. Arbor and Bird Day. Section 15. The governor shall annually issue a proc- observance of lamation setting apart the last Saturday in April as Arbor Bird Day. and Bird Day, recommending its observance by the public r. l; si^'^ le. in the planting of trees, shrubs and vines, particularly Hl^vij^i^' those attractive to birds, in the promotion of forest growth vni, § i. and culture, in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall harmonize with the general character of the day. He shall further recommend that the Friday preceding be observed in rural and suburban schools by exercises appropriate to Arbor and Bird Day. 140 LAWS RELATING TO EDUCATION. Power to make appropriations 1826, 143, § 4. R. S. 23. § 9. 1869, 132. 1894. 436. § 4. 1898. 496. § 3. 10 Met. 508. 103 Mass. 94, 104. 183 Mass. 74. 187 Mass. 436. 199 Mass. 112. 1851. 305, § 2. 1859, 25. G. S. 33. § 9. 1866. 222. 1872, 217, § 4. 1873. 306. 1880. 111. § 1. P. S. 40, § 10. 10 Allen, 169. 183 Mass. 80. Powers and Duties of Cities and Towns. Chapter 40. Supjjorf of Piihlic Schools and Libraries. Section 5. A town may at any town meeting appro- priate money for the following purposes: (2) For the support of public schools authorized or re- quired by law, and 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 in- struction by sending pupils to other towns, for the neces- sary transportation expenses of such pupils, the same to be expended by the school committee in its discretion. (18) For the establishment, maintenance or increase of a public library therein, and for the erection or provision of suitable buildings or rooms therefor, or for maintaining a library therein to which the inhabitants have free access and of which they have the use, and for establishing and maintaining a public reading room in connection with and under the control of the managers of such library. 1908, 392, § 1. (25) For establishing and maintaining public gymna- siums, swimming baths and such other means of instruc- tion or exercise as the town may authorize. Every such pubUc place shall be managed under the direction of the selectmen of the town. Taking or purchase of land. 1848. 237. § 1. 1851. 186. 1855, 318. G. S. 38. § 38. 1869,411, § 1. 1874, 342. P. S. 27, § 43; 44, § 49. 1894, 145. 1897, 299, §§ 1,4. 1899, 379, §§ 1.4. 1900, 437. R. L. 25. §§45,47. 1915, 143; 263. Taking or Purchase of Land. Section 14. The aldermen of any city, except Boston, or the selectmen of a town may purchase, or take by eminent domain under chapter seventy-nine, for any municipal purpose any land within the town not already appropriated to public use; but no land shall be taken or purchased under this section unless the taking or purchase thereof has previously been authorized by the city council or by vote of the town, nor until an appropriation of money, to be raised by loan or otherwise, has been made for the purpose by a two thirds vote of the city council or by a two thirds vote of the town at a regular meeting, OFFICERS OF CITIES AND TOWNS. 141 and no lot of land shall be purchased for any municipal §§^6,'8^^' 227 Maes. 233 Mass. 692. purpose for a price more than twenty-five per cent in ^27 Maes. 538. excess of its average assessed valuation during the previous three years. Officers of Cities and Towns. Chapter 41. Election of School Committee. Section 1. Every town at its annual meeting shall in everv vear when the term of office of anv incumbent ex- pires, and except when other provision is made by law, choose by ballot from its inhabitants the following town officers for the following terms of office: Three, or a number not exceeding fifteen, divisible by three, members of the school committee for terms of three years. Women shall be eligible to all town offices, notwith- standing any special law to the contrary. Increase or Decrease in Boards. Section 2. Where the town elects a new board or New board of officer to perform the duties of an existing board or officer, increase or the office of such existing board or officer shall terminate meml^lreWp upon the qualification of the new board or officer. Where ilji^ih official ballots are used, the establishment of a new board P; f^^^ ^^ or office, or the fixing of the term of office of town officers i893, 4i7, . . . . §§ 267—270 where such term is optional, or the increase or reduction i895, 374, § 2. of the number of members of a board, shall be determined §§ 333, 335, at a meeting held at least thirty days before the annual ^\ n, meeting. In towns not using official ballots the matter ||o^^''' ^^^' may be determined by vote at the annual meeting. Such J^^g^gg^^a^y vote shall continue in effect until rescinded. If a town ^^^'o^^^-- votes to increase the number of members of any board, §§ 464, 406, such increase shall be made by adding one or more to each 1926, 59i. §§33, class, to hold office according to the tenure of the class to ^th Mass. 85. which they are severally chosen, as will within three years ^^^ ^^^^^- ^^^• effect it, and such vote to increase shall remain in force until the increase under it is accomplished. If a town votes to diminish the number of members of any board. 142 LAWS RELATING TO EDUCATION. such diminution shall be made by choosing annually such number as will within three years effect it, and a vote to diminish shall remain in force until the diminution under it is accomplished. If a town votes to reduce a board of three members to a single officer, such vote shall take effect at the following annual town meeting, and upon the election and qualification of such officer the term of said board shall terminate; provided, that in towns where official ballots are used, unless the vote thus passed is more than thirty days prior to the annual town meeting, it shall not take effect until the succeeding annual town meeting. Failure to elect. eiect^andT SECTION 10. If there is a failure at an election to i785"75^§4 choose a town officer, or if a person chosen shall not ac- R- s.' is! § 42. QQpi such office, or if a vacancy shall occur, the town may G. s.' 18, § 43. at any meeting elect a person to such office. 1 Qf\A "I 74, ■/ CI' J. p. s.' 27, §93. If, at an election of town officers for which official 1890,386, ballots are used, there is a failure to elect a town officer, §M,'2.^^' ^^^ rnay be elected at an adjourned or succeeding meeting; §§^284* M2 ^^^^ ballots shall be prepared and furnished for such meet- 1^98^548^^ ing, containing the nominations already made and such as R L. ii, may subsequently be made for the office. 1907, 560, ■ The proceedings in such election and the quahfications 1913, 835, ' ■ of a person to be elected or appointed in case of failure to §§^423.431, elect, refusal to accept or vacancy shall be the same as in }92o; 59}; 1 33: an original election. Appoiritment to fill Vacancy. fpp°'°*'°f°* Section 11. If there is a failure to elect, or if a va- to nil vacancy. . ' 1864, 174 cancy occurs in any town office, other than the offices of i89i', 336, § 1." selectmen, town clerk, treasurer, collector of taxes or 1893 417 • . . • §290. ' auditor, the selectmen shall in writing appoint a person to § 357. ' fill such vacancy. If there is a vacancy in a board consist- ?907', 560,^ ^^^' iiig of two or more members, the remaining members shall i9i3^835^^" §^^^ written notice therec^f to the selectmen, who, with the i9i8^^29^i°^§ 31 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 entitled to vote shall be neces- sary 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 qualified. OFFICERS OF CITIES AND TOWNS. 143 Approval of Bills by Auditor. Section 52, All accounts rendered to or kept in the Approval of departments of any city shall be subject to the inspection 1913,669, of the city auditor or officer having similar duties, and in ^^ ^' ^' towns they shall be subject to the inspection of the select- men. The auditor or officer having similar duties, or the selectmen, may require any person presenting for settle- ment an account or claim against the city or town to make oath before him or them, in such form as he or they may prescribe, as to the accuracy of such account or claim. The wilful making of a false oath shall be punishable as perjury. The auditor or officer having similar duties in cities, and the selectmen in towns, shall approve the pay- ment of all bills or pay rolls of all departments before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive; and in that case the auditor or officer having similar duties, or the selectmen, shall file with the city or town treasurer a written state- ment of the reasons for the refusal; and the treasurer shall not pay any claim or bill so disallowed. This section shall not abridge the powers conferred on towm accountants by sections fifty-fi^'e to sixty-one, inclusive. Approval of Bills by Accountant. Section 56. The selectmen and all boards, committees, warrants for heads of departments and officers authorized to expend ibio, 624, § 2. money shall approve and transmit to the town accountant as often as once each month all bills, drafts and orders chargeable to the respective appropriations of which they have the expenditure. The town accountant shall examine all such bills, drafts or orders, and, if found correct and approved as herein provided, shall draw a warrant upon the treasurer for the payment of the same which shall also be signed by the officer or by a majority of the board or committee authorized to make the expenditure. The treas- urer shall pay no money from the treasury except upon a warrant so signed. 144 LAWS RELATING TO EDUCATION. Notice to town officers of condition of their appropriations. 1910, 624, § 4. Notices to Heads of Departments as to Appropriations by Town Accountant. Section 58. Whenever any appropriation shall have been expended or whenever, in the judgment of the town accountant, it appears that the liabilities incurred against any appropriation may be in excess of the unexpended balance thereof, he shall immediately notify the selectmen and the board, committee, head of department or officer authorized to make expenditures therefrom, and no claim against such appropriation shall be allowed nor any further liability incurred until the town makes provision for its payment. The town accountant shall, at regular intervals and as often at least as once each month, send to the selectmen and to each board, committee, head of depart- ment or officer having the disbursement of an appropria- tion a statement of the amount of orders approved and warrants drawn on behalf of said board, department or officer during the preceding month, and a statement of the balance of such appropriation remaining subject to draft. Each head of a department, board or committee author- ized to expend money shall furnish the town accountant, at the close of the financial year, a list of bills remaining unpaid, showing to whom and for what due, and their amounts; and the town accountant shall incorporate the same in his annual report covering the financial trans- actions of the town, as provided by section sixty-one. Annual esti- mates to be furnished accountant. 1910, 624, § 5. Estimates to Town Accountant. Section 59. The selectmen and all boards, committees, heads of departments or other officers of a town authorized by law to expend money shall furnish to the town ac- countant, not less than ten days before the end of the town financial year, detailed estimates of the amounts necessary for the proper maintenance of the departments under their jurisdiction for the ensuing year, with explanatory state- ments as to any changes from the amounts appropriated for the same purposes in the preceding year, and an esti- mate of amounts necessary for outlays or permanent im- provements. They shall also prepare estimates of any income likely to be received by the town during the en- suing year in connection with the town's business or prop- erty intrusted to their care. The selectmen shall include OFFICERS OF CITIES AND TOWNS. 145 in their estimates the salaries and expenses connected with their own office, and the salaries of all other town officers shall be included in the estimates for the office, depart- ment or branch of the public service of which they are in charge. . . . Purchasing Agent. Section 103. A city which accepts this section in the Duties and manner provided in the following section or has accepted loie, 223, § i. corresponding provisions of earlier laws, or a town which ^^^^* ^^^' ^ ^°' accepts this section or has accepted corresponding pro- visions of earlier laws, may establish a purchasing depart- ment, to consist of a purchasing agent and such assistants as the city counqil or selectmen may determine. . . . The purchasing agent shall purchase all supplies for the city or town and for every department thereof except in case of emergency. All purchases or contracts for pur- chases exceeding one hundred dollars in amount shall be based upon competition. A record shall be kept by the department of the prices paid for the supplies, and shall be open to the inspection of any citizen. Term of Office. Section 107. A person who is elected town clerk shall ?fi^e of eSet- be sworn either by the moderator or by a justice of the jjJftigP"'' peace, and shall enter upon the performance of his duties j^^^l* ^f Hg on the seventh day succeeding his election or as soon there- g. s.' is,' § 3i." after as he is qualified and shall hold office during the §§ 78, 79. term fixed by law, which shall begin on the seventh day §§^2^77^,^2^78. succeeding his election, and until another person is quali- §§^142^^343. fied in his stead. Every other town officer designated by ^j- ^i^^i^^^ name in section one, unless other provision is specifically W^l^l'^^j^ made by law, shall enter upon the performance of his 456. duties on the day after his election, or as soon thereafter §§ 414, 415, as he is qualified, and shall hold office during the term 1918, 291, § 27. fixed by law, which shall begin on the day after the annual r^crky? 12I. ^^' meeting, and until another person is qualified in his stead. Section 109. A town officer may resign his office by Resignation. r.T • • c • 1 rr- /> 1 11 Effect of filmg a resignation thereof m the ornce oi the town clerk, removal and such resignation shall be effective forthwith unless a p.°s! 2'7r§'89. time certain is specified therein when it shall take effect. § 29i. ' If a person removes from a town he shall thereby vacate l^lfs.^^^' any town office held by him. i907. 56o. §§ 390. 456. R- l- ". § 362. 1913, 835, §§.430, 503. 1918, 291, § 32. 1 Pick. 129. 146 LAWS RELATING TO EDUCATION. Purposes for which cities and towns may borrow within the debt limit. R. L. 27, § 11. 1903, 375. 1913, 719, § 5, subs. 3. 1916, 111, § 1. 1919, 61, § 2. 1894, 221. R. L. 27, § 11. 1903, 375. 1913, 719, § 5, subs. 4. 3 Op. A. G. 71. Op. A. G. (1919) 93. Municipal Finance. Chapter 44. Towns may incur Debt. Section 7. Cities and towns may incur debt, within the Hmit of indebtedness prescribed in section ten, for the following purposes, and payable within the periods herein- after specified: (3) For acquiring land for any purpose for which a city or town is or may hereafter be authorized to acquire land, not otherwise herein specified, and for the construction of buildings which cities and towns are or may hereafter be authorized to construct, including the cost of original equipment and furnishing, twenty years. (4) For the construction of additions to schoolhouses or buildings to be used for any municipal purpose, including the cost of original equipment and furnishings, where such additions increase the floor space of said buildings, twenty vears. Town officers may incur liabilities between December 31 and next appropriation. 1913, 692, § 2. Department appropria- tions in certain cities. 1917, 209. 1918, 107. Town Officers may incur Liabilities. Section L3. In towns, during the interval between December thirty-first in each year and the time of making the next annual appropriations, town officers authorized to make expenditures may incur liabilities in carrying on the several departments intrusted to them, and payments therefor shall be made from the town treasury from any available funds therein, and the same shall be charged against the next annual appropriation; provided, that the liabilities incurred during said interval do not exceed in any month the sums spent for similar purposes during any one month of the preceding year; and provided, further, that said officers may expend in any one month for any officer or board created by law an amount not exceeding one twelfth of the estimated cost for said year; but all interest and debt falling due in the said interval shall be paid. Section 30. A city, except Boston, wherein the appro- priation for any department is determined by law at a certain rate or percentage of the taxable valuation or the MUNICIPAL FINANCE. 147 valuation of the taxable property therein, or however other- wise the same may be described, shall, in addition to the amount so determined, appropriate and use for such depart- ment such proportion of the proceeds of the tax upon incomes, returned by the commonwealth to the city under section eighteen of chapter fifty-eight, as the appropriation so determined by law bears to the total local tax levy of that city for the current year; but in each year such departments shall be credited with their proportion of the income tax received during the preceding year. Section 31. No department of any city or town, ex- Liability not cept Boston, shall incur liability in excess of the appro- in excess df"^ priation made for the use of such department, except in tK.n!Ttc.*' cases of extreme emergency involving the health or safety |§\^;i6^' of persons or property, and then only by a vote in a city of two thirds of the members of the city council, and in a town by a vote of two thirds of the selectmen. Budgets in Certain Cities. Section 32. Within sixty days after the annual organ- Mayors, etc., ization of the city government, in cities other than Boston cities to sub- , , . , 1 . . n p J. .1 niit annual not having the commission form or government the mayor, budgets, etc and in such cities having said commission form, the com- §§\%^o.^' missioner or director of finance, shall submit to the city Jglo! 172! ^ ^' council the annual budget of the current expenses of the 231 Mass. 252. city, and the mayor or commissioner or director, as the case may be, may submit thereafter supplementary bud- gets. The budget shall consist of an itemized and detailed statement of the money required, and the city council, by a majority vote, shall make such appropriations in detail, clearly specifying the amount to be expended for each particular purpose; but the budget shall not be in such detail as to fix specific salaries of employees under the direction of the boards elected by the people, other than the city council. The city council may reduce or reject any item, but, without the approval of the mayor or commissioner or director of finance, as the case may be, shall not increase any item in or the total of a budget, nor add any item thereto. In such cities not having the com- mission form of government, the city officials, when so requested by the mayor shall submit to him forthwith in such detail as he may require estimates for the next fiscal year of the expenditures of their departments or offices 148 LAWS RELATING TO EDUCATION. Failure of mayor or commissioner or director of finance to recommend appropriation. 1913, 719, §§ 1,20. 1915. 138, § 1. 1920, 172. 231 Mass. 252. under their charge, which shall be transmitted to the city- council. In such cities having the commission form of government each commissioner or director shall, within thirty days after the annual organization of the city gov- ernment, submit to the commissioner or director of finance estimates in such detail as he may require of the amounts deemed necessary for the current expenses of their respec- tive departments. In all cities other than Boston, if the council fails to approve or disapprove any item in the budget, as submitted by the mayor or commissioner or director of finance, within sixty days after its receipt thereof, such item shall, without any council action, become a part of the budget for the year, and the sum named shall be available for the purpose designated. Nothing in this section shall prevent the mayor or com- missioner or director of finance from recommending, and the city council from making, appropriations prior to the adoption of the annual budget. Section 33. In case of the failure of the mayor or commissioner or director of finance to transmit to the city council a written recommendation for an appropriation for any purpose deemed necessary by the council, after having been so requested by vote thereof, said council, after the expiration of seven days from such vote, upon its own initiative may make an appropriation for such purpose by a vote of at least two thirds of its members, and shall in all cases make such appropriations in detail, clearly specifying the amount to be expended for each particular purpose, but not in such detail as to fix specific salaries of employees under the direction of boards elected by the people, other than the city council. Expenditures in anticipation of appropria- tions. 1913, 719, §§ 1, 20. 1915, 138, I 1. Expenditures in Anticipation of Appropriations. Section 34. In the period after the expiration of any fiscal year and before the regular appropriations have been made by the city council, the city officers who are author- ized to make expenditures may incur liabilities in carrying on the work of the several departments intrusted to them, and payments therefor shall be made from the treasury from any available funds therein, and charged against the next annual appropriation; provided, that the liabilities incurred during said interval do not exceed in any month the sums spent for similar purposes during any one month CORRESPONDENCE SCHOOLS. 149 ; of the preceding year; and provided, further, that said officers may expend in any one month for any new officer ; or board lawfully created an amount not exceeding one twelfth of the estimated cost for the current year. All interest and debt falHng due in said interval shall be paid. Department Receipts. ' Section 53. All moneys received by any town officer Department or department, except as otherwise provided by special plld mto° ^ j acts and except fees provided for by statute, shall be paid ma^sgirr?. by such officer or department upon their receipt into the town treasury. Any sums so paid into the town treasury • shall not later be used by such officer or department : without a specific appropriation thereof. I Correspondence Schools. Chapter 93. ! Section 19. No person, firm, association or corpora- sales of , ,.,,,. j, , ,. 1 . 1,. u 1 stocks, bonds, I tion engaged m the busmess oi pubhshmg or sellmg school etc., of cor- i or text books or doing business as a correspondence school schoo"s.^°*^ ! in the commonwealth shall, directly or indirectly, through ^^^^' ^^^' ^ ^- i its officers, agents or servants, sell stocks, bonds or other securities, either of its own company or of other com- panies, until he or it has received a permit as hereinafter j provided. Such person, firm, association or corporation i shall file with the commissioner of corporations and taxa- tion a copy of the charter and by-laws of any company whose stocks, bonds or other securities are offered for sale, | a detailed statement, on oath, of the condition of the com- j pany, the properties owned or controlled by it and the j condition thereof, and a detailed statement showing the j 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 organi- ' zation of the company; and if the commissioner is satis- fied that the statements so furnished are correct and com- plete, that the proposed sales of the stocks, bonds or other securities of the company will be conducted fairly, and 150 LAWS RELATING TO EDUCATION. False repre- sentations prohibited. 1914, 658, § 2. 1918, 257, § 223. 1919, 5. 1920, 2. Pupils de- frauded may bring action to recover. 1914, 658, § 3. Department of education to make rules. Penalties. 1914, 658, § 5. that the representations therein contained are true, he shall, upon the receipt of twenty-five dollars, issue to such person, firm, association or corporation a permit to sell such stocks, bonds or other securities. Whoever violates this section shall be punished by a fine of not more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one j^ear, or both. Section 20. No person, firm, association or corporation engaged in the business of publishing or seUing school or text books, or doing business as a correspondence school, acting by its officers, servants or agents, or otherwise, shall 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, associa- tion or corporation is engaged in selling, which is not in accordance with the truth and with the charter and by- laws of such company and with the certificate of financial condition and the statements filed under the preceding section. Any person purchasing stocks, bonds or other securities relying wholly or partly on any such represen- tation may recover in contract the price so paid in from the person making the representation. Section 21. Any pupil of any such correspondence school who is defrauded by a misrepresentation made by an officer or agent of such school, or by any advertisement or circular issued by it, or by any person, firm, association or corporation, who sells text books to the said school or to the pupils thereof, may recover in contract from such school or person, firm, association or corporation three times the amount paid by him to such school or person, firm, association or corporation. Section 22. The department of education may estab- lish rules and regulations governing correspondence schools. 1914, 658, § 4. 1919, 350, § 56. Section 23. Whoever violates any provision of law re- lating to correspondence schools for which no penalty is provided, or of sections twenty and twenty-one or of any rule or regulation established under section twenty-two, shall be punished by a fine of not more than five hundred dollars. NEGLECTED CHILDREN. 151 Regulation of Bootbi acks and Sales by Minors. Chapter lOl. Section 19. The aldermen or selectmen may make Regulation of regulations consistent with the general laws relative to the bilck and""*" exercise of the trade of bootblacking by minors, and to the ^^Zts^ sale or barter by minors of any goods, wares or merchan- ^^f;|J^|\|; dise the sale of which is permitted without a license by ^812,*!^ ^' section seventeen, and may prohibit such trade or such r.^l! 65,^§ n. sales, or may require a minor to obtain from them a per- igooi isi! mit therefor to be issued on terms and conditions pre- \1\q] til', § 4. scribed in such regulations; provided, that in the case of f2k^^'^' girls under the age of eighteen years and of boys under the HH- 1 age of sixteen years the foregoing powers in cities shall be 4 Op". a. g. vested in and exercised by the school committee. No per- mit issued to a minor under this section nor badge issued to him under sections sixty-nine to seventy-three, inclu- sive, of chapter one hundred and forty-nine shall authorize the sale by a minor of any article, other than those enumerated in section seventeen. A minor who sells such article or exercises such trade without a permit, if one is required, or who violates the conditions of his permit or any provision of said regulations, shall be punished by a fine of not more than ten dollars. Exemption from Vaccination Certificates. Chapter 111. Section 183. . . . any child presenting a certificate, vaccination signed by a registered physician designated by the parent i894,'5i5, § 2. or guardian, that the physician has at the time of giving ^902,' ilo, ^% ' the certificate personally examined the child and that he ^"^^^ ^^ ^°' ^^• is of the opinion that the physical condition of the child is such that his health will be endangered by vaccination, shall not, while such condition continues, be subject to the two preceding sections. Neglected Children. Chapter 119. Section 49. Attendance officers in cities and overseers Outie^^of^^ of the poor in towns shall, as often as they deem neces- officers.Ttc sary, make diligent search throughout their respective }9i3; 779, § 13. 152 LAWS RELATING TO EDUCATION. Duties of attendance officers, etc 1904, 356, §2. Expenses under two preceding sections. 1904, 356, § 1919, 350, " § 87. towns for children under sixteen suffering want through poverty, privation or the neglect of their parents or guard- ians or other persons having them in charge, or from any cause whatsoever. Section 50. Where such children are found without parents or guardians, or in charge of such parents or guardians as such officers or overseers deem unfit to care for children by reason of mental incapacity, dissolute habits or poverty, they shall provide for the temporary care of such children until proceedings may be had against them, if necessary, under sections forty-two to forty-seven, inclusive. Section 5L Reasonable expenses incurred by such officers and overseers in furnishing aid under the two preceding sections shall be paid by the town wherein the persons have legal settlements, or, if they have none, by the commonwealth, after approval by the department; and written notice shall be sent to the place of settlement or, if such persons have no settlement, to the department as otherwise provided by law. Management of school, etc. 1904, 446, §§ 1, 5. 1907, 226. Payment of charges for support of children, etc. 1904. 446, § 9. 1909, 497, § 1. Education of Crippled Children. Chapter 121. Section 28. The Massachusetts hospital school shall be maintained for the education and care of crippled and deformed children of the commonwealth. . . . Section 3L The trustees may, upon written apphcation of any child entitled to receive the benefit of said school, or upon such application by a parent, guardian or person having the legal custody of the child, or by any state or municipal department, board or officer having such cus- tody, admit such child to said school, subject to such rules and regulations as the trustees may prescribe, and the trustees may discharge such child from the school. The charges for the support of the children of the school who are of sufficient ability to pay for the same, or have per- sons or kindred bound by law to maintain them, shall be paid by such children, such persons or such kindred at a rate determined by the trustees. The board of such chil- dren as have a legal settlement in a town shall be paid by the town at a rate not exceeding four dollars a week, notice of the reception of the children by the trustees being given by them to the overseers of the poor of the town as soon as practicable; and the tuition and board FEEBLE-MINDED CHILDREN. 153 of those having no such settlement shall be paid by the commonwealth. The trustees may receive other children having no means to pay for tuition and support, and the tuition and board of all such children shall be paid by the commonwealth. The attorney general and district attorneys shall upon request bring action to recover said charges in the name of the state treasurer. The charges paid by the commonwealth, or by any town, shall not be deemed to have been paid as state or pauper aid, and no person shall be deemed a pauper because of his inabiHty to pay for the support of a child in said school. The ad- mission of a child as aforesaid to the school shall be deemed a commitment of the child to the care and custody of the commonwealth, and the trustees, with the approval of the department, may detain the child at said school during its school age, or for such longer period during its minority as in the opinion of the trustees will tend to promote the education and welfare of the child. Education of Feeble-minded Children. Chapter 123. Section 45. The Massachusetts school for the feeble- Massachusetts minded and the Wrentham state school shall each main- feeble-minded tain a school department for the instruction and education st'ate school, ^ of feeble-minded persons who are within the school age fe'^a'sirP^^' or who in the judgment of the trustees thereof are capable ^^tfj^/^^ns. of being benefited by school instruction, and a custodial jaoe, 508, § i4. department for the care and custody of feeble-minded §§ ei, 107. persons beyond the school age or not capable of being benefited by school instruction. Section 46. Persons received by the Massachusetts ^^^f^f^^^^^ school for the feeble-minded and by the Wrentham state ^^^f^'^^^^^^ji^ school shall be classified in said departments as the trus- state school, tees shall see fit, and the trustees may receive and dis- dassificatjon charge pupils, and may at any time discharge any pupil i883!'239!1' 2. or other inmate and cause him to be removed to his home. iggsiS §28. R. L. 87, § 116. 1906, 508, § 15. 1909, 504, §§ 62, 107. Section 47. The trustees of either of the state schools Massachusetts . xl • J" school for the mentioned in the two preceding sections may, at their dis- feebleminded^ cretion, receive any feeble-minded person from any part state school, of the commonwealth upon application being made there- missfo^n ?f cer- for by the parent or guardian of such person, which appli- ^j^a*^^'^ cation shall be accompanied by the certificate of a physi- persons. 154 LAWS RELATING TO EDUCATION. 1886 298' I 3" ^^^"' '^1^^''^^^^^^ ^s proviclcd ill section fifty-three that such R. l! 87, '§ 117. person is deficient in mental abifity, and that in the 1909! 504'. ■ opinion of the physician he is a fit subject for said school. i9i?'i22!§ 2. The physician who makes the said certificate shall have iiyiiaaa'.lii. examined the alleged feeble-minded person within five days of his signing and making oath to the certificate. The trustees of either of said state schools may also, at their discretion, receive any person from any part of the commonwealth upon the written request of his parent or legal guardian, and may detain him for observation for a period not exceeding thirty days, to determine Avhether he is feeble-minded. t?Srhu- Section 66. Any judge of probate, within his county, fo"thSeeWe- "P^" Written application, if he finds that a person residing wrSam ^^ being within said county is a proper subject for the state school. Massachusctts school for the feeble-minded or the Wren- 1886! 298! § t tham state school, may commit him thereto by an order fgoo; fo8.S^li: of commitment, directed to the trustees thereof, made in §§°63, ufl accordance with section fifty-one, and accompanied by a 1917,' 223; 1 1 certificate in accordance with section fifty-three by a phy- 202 Mass'. 536. siciau, qualified as therein provided, that such person is a proper subject for said school, and all provisions of said section shall apply to such certificate. The order of com- mitment shall also direct the sheriff, deputy sheriff, con- stable, police officer, or other person to apprehend and convey the said person to the school to which he has been committed. Unless the person sought to be committed is present at the time of the hearing, or the application is made by some one legally entitled to his custody, notice of the application and of the time and place of hearing shall be given to the person sought to be committed, and the order of commitment shall state what notice was given or the finding of facts which made notice unnecessary, and shall authorize custody of the person until he shall be dis- charged by order of a court or otherwise in accordance with law. Purchase of Articles manufactured by Prisoners. Chapter 127. b^trfso'eS' Section 53. The commissioner shall, so far as possible, iSslI.'li^- c^use such articles and materials as are used in the offices, R I25, § 45 departments or institutions of the commonwealth and of i|\2. 565," ■ the several counties, cities and towns to be produced by PURCHASE OF ARTICLES, ETC. 155 the labor of prisoners in the institutions named in section i9i6, 241, § i. fifty-one. ineil: SrxTiON 55. Annually in September the commissioner List of prison shall issue to the officers in charge of the offices, depart- mo? 4i4.''|^'. ments and institutions named in section fifty-three a de- \g\l] HI] | f scriptive list of the styles, designs and qualities of said ii^li^ls' articles and materials. Any difference between the prison 3 Op.A. g. 495. officials and the offices, departments or institutions in re- gard to styles, designs and qualities shall be submitted to arbitrators, whose decision shall be final. One of said arbitrators shall be named on behalf of the prison by the commissioner, one by the principal officer of the other office, department or institution concerned, and one by agreement of the other two. The arbitrators shall be chosen from the official service, and shall receive no com- pensation for performance of any duty under this section; but their actual and necessary expenses shall be paid by the prison or office, department or institution against which their award is given. Section 56. Annually in November the officers in Estimate of 1 i?ii/T> I'^j J i*,*i,' 1- articles needed charge 01 all omces, departments and mstitutions named m in public section fift^^-three shall send to the commissioner an esti- i9io?^4i4, § 3. mate of the quantities of the articles and materials needed \l\l] fof; § 1; for their respective offices, departments or institutions HH' ||^' ^ ^• during the ensuing year. Said estimates shall generally §§ §2, 83.' observe the styles, designs and qualities named in the de- scriptive list; and if any special style is desired in con- siderable quantity, the estimate shall contain a request that the commissioner shall arrange for the manufacture of such special articles as may be needed. Section 57. Annually in January the commissioner Public institu- shall send to the state auditor, to the auditing and dis- shall 'purchase bursing officers of the several counties, and to the auditor facturld"°by "' and treasurer of each town a list of the articles and ma- ustlTurnish^ terials that can be produced by the labor of prisoners for g^neT""'^' the use of offices, departments, and institutions of the jiiy' ^|4' ^ ^^' commonwealth, of the counties and of the towns. The is98;334; superintendent of buildings of the commonwealth or the 1900, 269. purchasing agent of a town shall make requisition therefor fgio,' 414,' to the commissioner upon forms to be provided by him. flil', s'el, § 2. In the case of articles or materials not required to be pur- J^}|* |°J; | ^; chased by said superintendent needed by the common- i?^fA*|4 ||°' wealth, or of articles or materials needed by a county, or by a town not having a purchasing agent, the requisition 156 LAWS RELATING TO EDUCATION. shall be made by the officer in charge of any of the offices, departments or institutions named in section fifty- three in which such articles or materials are needed. The requisition shall conform to said list unless it appears that special style, design, or quality is needed. The commis- sioner shall forthwith inform said superintendent, pur- chasing agent or other officer in what institutions they are produced, and he shall purchase them from any institution so designated. If they are needed immediately and are not on hand, the commissioner shall forthwith so notify him, and he may purchase them elsewhere. No bill for any such articles or materials purchased for the use of said offices, departments or institutions, otherwise than from a prison or from another institution, shall be allowed or paid unless it is accompanied by a certificate from the commissioner showing that a requisition therefor has been made and that the goods cannot be supplied from the prisons. Provisions of any city charter contrary to this section shall be void. Prices of Section 58. The price of all articles and materials prison made , , i^ artic^es.soid Supplied by the prisons to the commonwealth, counties, institutions. citics and towns shall conform as nearly as may be to the 1898, 334, § 5. wholcsalc market rates for similar goods manufactured out- R. l! 225, § 55. side of the prisons. Any difference of opinion in regard §§^4,' 6.^^' to price may be submitted to arbitration in the manner 1912, 565, § 3. provided in section fifty-five. Licenses. Chapter 140. Dog Tax. S'Xexpended Section 172. Moucy received by a county treasurer doL^fund°^ under the preceding sections relating to dogs, and not 1867' ilo' I ^12 P^^*^ ^^* ^^^ damages, shall, in January, be paid back to 1869', 250,' § 1. the treasurers of the towns in proportion to the amounts R. L. 102, ■ received from such towns, and the money so refunded shall 2 0p.'A. G. 316. be expended for the support of public libraries or schools. In Suffolk county, money so received by the town treas- urer and not so paid out shall be expended by the school committee for the support of public schools. LICENSES. 157 Admission of Children to Billiard Rooms. Section 179. The keeper of a billiard, pool or sippio Penalty for room or table, bowling alley, or place in which pictures are mi™ars'tf displayed upon the deposit of money in a coin controlled roomsfetc. apparatus, who admits a minor thereto without the written q^^|; |if '§^7^; consent of his parent or guardian, shall forfeit ten dollars JHo'gl^' for the first and twenty dollars for each subsequent offence. P- s.'io2, § 113. R. L. 102, § 170. 1908, 368. 98 Mass. 6. Admission of Children to Entertainments. Section 197. Whoever, himself or by his servant or Admission of agent, admits a child under fourteen to any licensed show entertainments or place of amusement unless such child is accompanied 1887,^446'. by a person over twenty-one, shall, on complaint of a fi84.^°^' parent or guardian of the child or of any police officer or J^oe, 107. of an attendance officer of the town in which the child is i9io;532. 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 old has obtained ad- mission by any written misrepresentation or by any un- authorized entrance to said place of amusement, or has entered with and apparently in the company of a person over twenty-one but does not remain with such person, provided the person in charge of said place of amusement shall remove such child immediately therefrom upon knowl- edge that the child is under fourteen and not then accom- panied by a person over tw^enty-one. This section shall not apply to shows or entertainments 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 town where said show or entertainment takes place. Admission of Children to Dance Halls. Section 198. No proprietor, lessee or manager and no Admission of 1 p . , , n IT young persons employee 01 a proprietor, lessee or manager 01 any public to dance haiis hall or room in which dancing or roller skating is prac- rkiics^ regulated. ticed, and for admission to which money or other valuable §§°f;|.^' thing is accepted, shall admit, while dancing or roller 158 LAWS RELATING TO EDUCATION. skating is practiced therein between six in the afternoon and six in the forenoon, any person under seventeen unless such person is accompanied by a parent, guardian or adult member of the family with whom such person is residing; and any minor may be refused admission to or excluded from any such hall or room while a dance or roller skating is being carried on therein, unless such minor produces evidence satisfactory to the proprietor or his agent that he is over seventeen. This section shall not apply to a dance given by any charitable or religious society, or by any public or private school, or by any class, society or club the membership of which is re- stricted to some particular charitable or religious society or to some particular public or private school. Rates of Fares of School Children. Chapter 161. fo^/schoo!*^ Section 108. The rates of fare charged by street or i9oo!^i97. elevated railway companies for the transportation of pupils ?906; 463,' iii.^' ^^ "^^^ public day schools or pubhc evening schools, of i908%3o^' ^^^' vocational schools subject to chapter seventy-four, or of Jocl'/^^- oo private schools, between a given point from or to which 185 Mass. 183. •, • i> i i , • i • , i,. . 187 Mass. 436. it IS ucccssary tor them to ride in travelling to or from 199 Mass! 279: the schoolliouses in which they attend school and their 212 Mass. 82. homes, whether such schoolhouses are located in the city or town where 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 session, shall be sold by said companies in lots of ten each. A railway company violating any provision of this section shall for- feit twenty-five dollars. School Savings Banks. Chapter 168. may'be "^"^^^ SECTION 25. . . . in Order to encourage saving among sXoTchfidren. school children, the corporation may, with the written illg'.gi?!^^' consent of and under regulations approved by the com- i^^f 1 i^' 1 1?,- missioner and, in the case of public schools, by the com- missioner and the school committee in the town where the MISUSE OF THE FLAG. 159 school is situated, arrange for the collection of savings J^f^^lg^- from the school children by the principal or teachers of 1911/211. such schools or by collectors. All money so collected shall iqiq! 350, be entered on an individual deposit card furnished by ^^ ' ' the corporation, but the total collections received by the corporation from any one principal or teacher may be entered in the name of such principal or teacher as trustee. When the amount deposited by any one pupil and credited on the deposit card equals the minimum amount upon which interest is allowed the corporation shall issue a pass book to such pupil and thereafter, when the amount de- posited by the pupil and credited on the deposit card equals the sum of one dollar, it shall be transferred to the deposit book by the corporation. The principal, teacher or person authorized by the corporation to make collec- tions from school children shall be deemed to be the agent of the corporation and the corporation 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. . . . Power to Summons Witnesses. Chapter 233. Section 8. Witnesses may be summoned to attend ^forHown and testify and to produce books and papers at a hearing "fg^g^^'^gg^ § ^ before ... a school board, ... at any hearing before fggl" ^267' 1 1 them, as to matters within their authority; and such isss! 323; § 2! witnesses shall be summoned in the same manner, be paid r. l! 175, § 8. the same fees and be subject to the same penalties for JgOTisls! default, as witnesses before district courts. ... a member J^}|, 85. of any such . . . board . . . may administer oaths to |s\^:3^^°' witnesses who appear before such . . . board, ... 120 Mass. iis. Misuse of the Flag. Chapter 264. Section 5. Whoever publicly mutilates, tramples upon, Penalty for defaces or treats contemptuously the flag of the United etc. States or of Massachusetts, whether such flag is public or 1901; 153: private property, or whoever displays such flag or any fgog- 195; ^ ^■ representation thereof upon which are words, figures, ad- Jg^g; HI'; ^604. vertisements or designs, or whoever exposes to public i9i4, 570. 160 LAWS RELATING TO EDUCATION. 1917,265. view, manufactures, sells, exposes for sale, gives away or 1918, 257, §1. !• ' e ^ ^ • r e 1919, 5. has in possession tor sale or to give away or tor use tor any iiiVass. 30. purpose, any article or substance, being an article of mer- 205^u^s^34.'^*^' chandise or a receptacle of merchandise or articles upon which is attached, through a wrapping or otherwise, en- graved or printed in any manner, a representation of the United States flag, or whoever uses any representation of the arms or the great seal of the commonwealth for any advertising or commercial purpose, shall be punished by a fine of not less than ten nor more than one hundred dol- lars or by imprisonment for not more than one year, or both; but a flag belonging to a grand army post, to a camp of the United Spanish War Veterans, or belonging to or used in the service of the United States or the com- monwealth, may have the names of battles and the name and number of the organization to which such flag belongs inscribed thereon. Words, figures, advertisements or de- signs attached to, or directly or indirectly connected with, the flag or any representation thereof in such manner that the flag or its representation is used to attract attention to or advertise such words, figures, advertisements or designs, shall for the purposes of this section be deemed to be upon the flag. Crimes against Property. Chapter 266. Pretending to hold a College Degree, etc. fendiig toxoid Section 89. Whoever, in a book, pamphlet, circular, or'Lfantln^d;- advertisement or advertising sign, or by a pretended authorit*''""* written certificate or diploma, or otherwise in writing, Use of word kuowiugly and falsely pretends to have been an officer or university ' a1,i i or "college." tcacher, or to be a graduate or to hold any degree, oi a R. l'. 208, § 75. college or other educational institution of this common- 22iVa^ss'. 190. "Wealth or elsewhere, which is authorized to grant degrees, (i9'i9)28. °^ °^ ^ public school of this commonwealth, and whoever, without the authority of a special act of the general court granting the power to give degrees, offers or grants de- grees as a school, college or as a private individual, alone or associated with others, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. Any individual, school, association, corporation or institution of learning, CRIMES AGAINST PROPERTY. 161 not having power to confer degrees under a special act of the general court using the designation of "university" or "college" shall be punished by a fine of one thousand dol- lars; but this shall not apply to any educational institu- tion whose name on July ninth, nineteen hundred and nineteen, included the word "university" or "college". Wilful Injury to Schoolhouses. Section 98. Whoever wilfully, intentionally and with- wiifui injury, out right, or wantonly and without cause, destroys, de- house, church, faces, mars or injures a schoolhouse, church or other build- ture, °etc.'^'^'^'" ing erected or used for purposes of education or religious q^^; ^gf ; § 67. instruction, or for the general diifusion of knowledge, or fgo^l^eW 4^" an outbuilding, fence, well or appurtenance of such school- f^-^jg^^f^l ^^* house, church or other building, or furniture, apparatus or other property belonging thereto or connected therewith, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year. Defacement of Library Books. Section 99. Whoever wilfully, intentionally and with- Defacement of out right, or wantonly and without cause, writes upon, iXanes. °" ° injures, defaces, tears or destroys a book, plate, picture, 1172; 42! engraving, map, newspaper, magazine, pamphlet, manu- fgs^s.lT' ^ ^^' script or statue which belongs to a law, city, town or i^9o^'|6| §4g other public or incorporated library shall be punished by a fine of not less than five nor more than fifty dollars or by imprisonment for not more than six months. Detention of Library Books. Section 100. Whoever wilfully, intentionally and with- p^*^°*^^° °^ out right, or wantonly and without cause, detains a book, libraries. newspaper, magazine, pamphlet or manuscript which be- 1901', 268, § 4. longs to a law, city, town or other public or incorporated ^' ^' ^°^' ^** library for thirty days after a written notice from the librarian thereof, containing a copy of this section and given after the expiration of the time during which, by the regulations of such library, such book, newspaper, magazine, pamphlet or manuscript may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars or by imprisonment for not more than six months. 162 LAWS RELATING TO EDUCATION. Disturbance of Schools and Public Libraries. * Chapter 272. S'scho'^oro? Section 40. Whoever wilfully interrupts or disturbs a 1849*^59"'''*'"^' school or other assembly of people met for a lawful pur- p|'2oi'l23" P°^^ shall be punished by imprisonment for not more than Rr L. 212, § 32. one month or by a fine of not more than fifty dollars. 1 Gray, 476. SibHc'^fbraries. SECTION 4L Whoever wilfully disturbs persons assem- 1885, 225. ^^ blefj in a public library, or a reading room connected therewith, by making a noise or in any other manner during the time when such library or reading room is open to the public shall be punished as provided in the pre- ceding section. MISCELLANEOUS CITATIONS. 163 CITATIONS OF MISCELLANEOUS LAWS, TO WHICH OCCA- SIONAL REFERENCE MAY BE MADE. When statutes take effect Daylight saving ..... Distribution of laws .... Distribution of public documents Travel of officials outside the Commonwealth Deposits of duplicate volumes in public libraries by the trustees of the State Library ....... Military drilling in public regulated ..... Oaths may be required of persons bringing demand for payment Size of official stationery ....... Powers and duties of school committees in cities that have adopted city charters of A, B, C, or D Department appropriations in certain cities wherein the appro priation is determined by law at a certain rate Public playgrounds ....... Property of educational institutions exempt from taxation . Towns may maintain dental, medical and health clinics School authorities may be required by a court to furnish informa- tion relating to delinquent children Massachusetts Training Schools Liquor licenses forbidden near school buildings Regulation of use of cinematographs Compressed air tanks in public buildings . Licenses for engineers and firemen . Provisions as to the health and safety of employed minors Compelling witnesses to testify before town officers Exemption of teachers from jury duty Display of foreign flags on schoolhouses for children Playing of national anthem regulated Expectorating in public places regulated . Distribution of immoral literature forbidden Chapter Section 4 1 4 10 5 3 5 6 6 10 6 34 33 64 40 46 40 52 43 27-44 44 30 45 14-18 59 5 111 50 119 68 120 1-26 138 24 143 72-85 146 34-41 146 46-52 149 4, 6, 11, 12, 53- 55, 106-144 233 9-11 234 1 264 8 264 9 270 14 272 28 INDEX IKDEX. Absence from school Penalty for inducing Recording of, in school register Absentees, truants, and school offenders Accountants, town, approval of bills by Budget estimates for Admission of children to dance halls, entertainments, etc. Advisory board. Division of Immigration and Americanization For training of disabled soldiers and sailors Advisory board of education. See Department of Education. Advisory committee for vocational schools, appointment of Advisory council for university extension courses Agents of Department of Education. See Department of Education. Agricultural College, Massachusetts. .See Massachusetts Agricultural College. Agricultural education. .See Vocational schools. Air tanks, compressed, regulated ..... Alcoholic drinks, effects of, to be taught .... Aliens, educational work for, in Division of Public Libraries Education of, in use of English .... Protection and assistance for . . . American history and civics required subjects Americanization. See Immigrants; also Immigration and Americanization, Divi sion of. American School for the Deaf at Hartford ...... Amusement, places of, admission of children to ..... Employment of children in ....... . Annual Report. See Reports of Department of Education, annual. Annuities for teachers. .See Retirement system for teachers. Apparatus and school supplies, purchase of ..... . Appropriations : — For free public libraries . Dog tax . For public schools . Dog tax . Fees for evening schools Fines for illegal employment Penalty for failure to make Private institutions not to be aided from Prorated in certain cities . For purchase of land .... PAGE 73, 125 74 52 '78-82 143, 144 144 157, 158 12 11 57 10 163 30 11 18 18 30 21 157, 158 125, 126 42 86, 140 86, 156 38, 140 156 35 125 38 6 146, 147 140, 141 168 INDEX. Appropriations — Concluded. Liabilities, incurred between December 31 and next appropriation Not to exceed appropriation .... Notices to heads of departments by accountant Receipts to be paid into general treasury . Warrants for expenditures of, approval of Approval of high schools ..... "Approved," definition of, for vocational education . Arbor and bird day, observance of . Art School, Normal, at Boston . . Articles, produced by the blind, use of, in public institutions Prison-made ....... Assistants, female, required in certain public schools "Assured minimum" defined ..... Athletic and other school organizations, supervision of Athletic exercise required in public schools Attendance officers: — Appointment and compensation of . Complaints by ..... . Compulsory school attendance Duties of ...... . Educational and employment certificates accessible to Factories may be visited by . Habitual truants, absentees, and school offenders May be apprehended by . Illegal employment of minors .... Neglected children . . . . . . Penalty for hindering . . . . . Places of amusement may be visited by Police powers of ..... . Probation and parole Registration of minors by ... . Service of summons and warrants by Women may serve as .... . Attendance upon school: — Absences, certain, may be excused Compulsory age limits: — Continuation schools .... Penalty for non-attendance . Day schools ...... Penalty for non-attendance . Evening schools ..... Penalty for non-attendance . Contagious and infectious diseases . Employment certificates in relation to Enforcement of, by school committee Exclusion from school ..... Illiterate minors ...... Married women exempted Nautical schools in relation to . Non-resident pupils, tuition of: • — County agricultural schools County training schools .... PAGE 146, 148 147 144 149 143-145 31, 32 55 139 53 21 154-156 37 26 41, 42 30 81 74, 82 74 81 117, 124 123 79 82, 123 122-125 151, 152 lis 12a 115-117, 123 . 79, 80 50 . 81, 82 81 73, 74, 125 . 35, 3& 120, 123 73, 74 74,79 74 125 44,77 120, 121 39, 73 44,77 124, 125 74 66,67 73, 74, 62 78, 79 INDEX. 169 47 Attendance upon school — Condaded. Non-resident pupils, tuition of — Concluded. Elementary day schools High schools ..... Inmates of certain institutions . Normal schools .... Parents responsible for, in certain cases Public charges .... School committee, consent of Appeal to Department of Education Vocational schools .... Public charges in . Parents or guardians, duties of, as to Penalty for inducing absence of minors Physical or mental condition in relation to Private schools, approval of, in relation to Transfer cards ..... Transportation (see also Transportation of school children) Vaccination ...... Vocational schools, restrictions as to age in Where children may attend Attorney-General, approval of forms for educational and employment certifi cate by . Auditor, city or town, approval of bills by Average membership, computation of PAGE 31, 32, 47, 75, 76 31, 32, 47, 75, 76 76 54 75 75.76 48, 76 32,47 57, 62 57,58 74 74 73,74 73,74 76, 77 47 77 58,62 75 114, 122 143 25, 52 B. Badges for minors in street trades . Banks, school savings Baptismal certificates as proof of age Barnstable, State Normal School at Bible to be read in public schools . Billiard and pool rooms, exclusion of minors from Bills, approval of, by town accountant or auditor Bird day, observance of Birth certificates as proof of age Penalty for forgery of Town clerks forbidden to charge for issuance of Blind, adult, books for, loan of Financial aid for Industrial aid and training for Instruction of, in homes . Register of . Visitation of, in their homes Workshops for Sale of articles produced in Blind, Division of: — Commission for the blind, appointment of Director of, appointment, salary, and term of Duties of ..... Teachers, etc., appointed by Duties of ..... . 11.3, 114 158, 159 119, 122 53 38 157 143 139 119, 122 122 120, 121 20 20 19 20 19 20 19 21 12 12 . 1£ 1-21 12 . 1£ 1-21 170 INDEX. PAGE Blind, education of ....-.•••• • 21, 22 Constitutional provision for ......... 7 Sight-saving classes for ......... . 19 Board of Free Public Library Commissioners. See Public Libraries, Division of. Board of trustees for vocational education. .See Vocational schools. Boarding houses at State normal schools ........ 53 Boilers, inspection of ......■■- . 133-137 Annual inspection required ........ 133, 134 Boilers not to be operated without inspection . . . . . .134 Certificates of inspection ........ 135, 136 Defects in ........... . 13& Fees for ............ 135 First inspection ........... 136 Hindering inspectors forbidden . . ' . . . . . . 137 Hydrostatic pressure tests ......... 136 Insurance companies ......... 134, 135 Penalties for violation of law relating to . . . . . . .137 Preparation of boilers for inspection ....... 135 Safety appliances .......... 134, 135 Safety plug 136 Uninsured boilers .......... 134, 136 Books, purchase and loan of ........ . 38, 42, 45 Circulation of, among the blind ........ 20' Library, defacement and detention of ...... . 161 Sectarian, use of, in public schools, prohibited ...... 38 Bootblacks, regulation of . . . . . . . 113, 114, 151 Boston, city of: — Absentees, school offenders, and truants in ..... . 82 Teachers of, not included in State retirement system ..... 98, 99 Wards of, tuition of ......... . 75, 76 Boston, Normal Art School at ........ . 53 Bradford Durfee Textile School 13, 14, 65 Bridgewater, State Normal School at ....... . 53 Bristol County Agricultural School ....... 58, 61-63 Budgets, annual, in certain cities ........ 147, 148 Town accountants in relation to ....... . 144 Buildings, construction of: — Approval of plans 128, 129 Certificate of inspection .......... 131 Examination of, by school physician ....... 43 Fire escapes and exits ......... 129-132 Fire escapes and stairways to be kept clear .... 129, 130 Fire extinguishers ........... 130 General penalty 132, 133 Penalty for hindering inspector . ..... . 132 Use of buildings, change in ........ . 131 Ventilation and sanitation ......... 132 Wooden flues prohibited .......... 130 "Buildings, pubhc," definition of 128 "Buildings used for industrial purposes," definition of ..... 103 INDEX. 171 to State Auditor c. Calisthenics in public schools .... Census, school . . . . . Certificate in annual school returns Certification of superintendents of schools Of teachers: — For continuation schools .... For State-aided high schools For vocational schools .... Chairman and secretary of joint committee, certificate of, Election of ...... . Chairman of school committee, certificate of, on claims for State aid under ch 70 School returns and report, filing of . Charters, city ..... "Child,"' definition of . Children: — Admission of, to places of amusement To dance haUs, billiard rooms Apprehension of, without a warrant . Blind, education of ... Concerts, musicales, etc., by, licenses for Crippled, education of . Deaf, education of . Delinquent and wayward, Massachusetts Training Schools for Employment of ..... . Examination of, by school physician By teachers ...... Exclusion of, from school .... Exhibition of, theatrical, regulated . Feeble-minded, education of . Habitual truants, absentees, and school offenders Indigent or neglected ..... Inmates of certain institutions, tuition of . Islands, children living on, transportation of .Juvenile offenders . Lunches, school, for Medical inspection of Mentally retarded . Proceedings against Protection of . Rights of, in attendance on school School attendance of, regulated School offenders ...... Training Schools, Massachusetts Transportation of, living over two miles from school Reduced fares for ..... To high schools in other towns . To schools in other towns Tuition of, in high schools .... Vaccination of ..... . Wards of the city of Boston and the Commonwealth, tuition of 79 apter 82, 152, P.^.GE 30 49,50 50,51 47 36 17,33 55 46 46 25. 28 51,52 147, 163 103 157 157 82. 123 7, 20, 21 126 33, 152 7,21 163 108-126 43, 44 44 77 125 153, 154 78-81 151, 152 76 77 163 48 43-45 41 154, 163 82 75 73-77 78-82 163 47 158 32 47 31 77, 151 57, 75, 76 172 INDEX. Cinematographs, regulation of use of City charters. Plans A, B, C, and D Civics a required subject Clarke School for the Deaf, at Northampton Clerical service of Department of Education Clinics, health and dental, board of health may establish Closing of schools for teachers' conventions College, degree-granting by, regulated Duty of instructors in . Harvard ..... Pretending to hold a degree from, penalty for Use of term, regulated Commission for the Blind, appointment of Commissioner of Education: — Appointment, salary, and term of Duties and powers of, in general Administration and enforcement of laws Advisory board of education, chairman of . Annual reports: — Abstract of school returns Authorized ...... Blind and deaf, education of . Distribution of .... . Free Public Library Commissioners, Board of Massachusetts Agricultural College Massachusetts Nautical School Teachers' Retirement Board . Textile schools .... Vocational education .... Blind and deaf children, supervision of education of Collection and distribution of information on education Collection of books, apparatus, etc. Of reports and returns of school committees Continuation schools, approval of . . . Conventions and teachers institutes, arranging for Directors of divisions, appointment of Disabled Soldiers and Sailors, Training of. Division for, chair: Divisions, organization and supervision of . Documents, State, preservation and distribution of, relating to tion ........ Educational institutions, incorporation of . Executive and administrative head of Department Expenditures of Department of Education . Forms, preparation of, for school census and school returns Massachusetts Agricultural College, trustee of Massachusetts School Fund, Commissioner of Normal schools ..... Recommendations to the General Court School registers, preparation and distribution of Inspection of .... . School returns, collection, correction, and compilation of Notification to chairman of failure to file School savings banks, regulations of, approval of h 11- man of PAGE 163 163 30 21 13, 66, 71 163 48, 49' 138, 160 6,37 5, 6 160 160 12 8,9 9, 10, 15, 16 9 9^ 16 16 22 49 85 68 67 98 65 16 21,22 15, 16 15 15 36 10,16 9 11 9 educa- 15 138 9 10 49 13 26 53 15 49 52 50-52 51,52 158 INDF.X. 173 Commissioner of Education — Concluded. Duties and powers of — Concluded. State aid, supervision of distribution of, on account of Continuation schools High schools in small towns . \ High school tuition and transportation Massachusetts School Fund . Superintendents of schools in small towns Teachers' salaries, from income tax Vocational education Supervision of all State-aided education Teachers' conventions, holding of Teachers' Retirement Board, member of Textile schools, trustee of . University extension, advisory councils for, appointment of Visitation of schools Vocational education, approval of, as to: — Administration and support of, plans for Advisory committees for, organization of County agricultural schools, estimates of Household arts in . . . Non-resident pupils in Federal Board for Vocational Education, co-operation with Federal funds, disposal of . Gardening, poultry raising, etc., schools for Non-resident pupils, admission of . Rehabilitation of disabled persons . Reimbursement for maintenance Agricultural departments . Report to General Court on expenditures Shoemaking School, Independent Industrial, of Lynn Smith's Agricultural School .... Supervision ....... Teacher-training classes .... Tuition rates ...... Reports of school committees to be sent to Travelluig expenses of, allowance for Commissioners of the Massachusetts Nautical School Commissioners of the Massachusetts School Fund Committee, school. ,See School committee. Compensation of school committees regulated . Compulsory school attendance. See Attendance upon school Concerts by school children, licenses for .... Constitution of Massachusetts, educational provisions of . Construction of school buildings. See Buildings, construction of Contagious and infectious diseases : — Certificate from board of health ..... Enumerated ......... Examination of pupils for, by school physician . Exclusion from school on account of .... Continuation schools : — Approval of ........ • Attendance regulated ....... Penalty for non-attendance ..... PAGE .36 31 32 28 46 2.5 57, 58 15 10, 16 13 14 10 15 55, 56 57 62 63 62 59 59,60 58 57, 62 10 57 58 16 60 61 56 59 57 51 10 14,66 26 42 126 5-7 . 44, 77 77 . 43, 44 . 44, 77 36 36 120, 123 174 INDEX. Continuation schools — Concluded. Defined as part of public school system Establishment of, required in certain towns Hours of session of . Included in hours of labor Length of school year Minors temporarily unemployed Penalty for neglecting to appropriate funds for Quarters for .... Reimbursement for Training of teachers for . Conventions of teachers, calling of . Closing schools for . Conveyance of children. See Transportation of school children Corporations, school funds of, management of Correspondence instruction, establishment of Correspondence schools, regulation of Pupils defrauded bj' . . . County agricultural schools . County training schools, establishment of Commitments to . Discharge of inmates Habitual truants, absentees, and school offenders Jurisdiction of courts Parole ..... Probation of school offenders . Support of inmates Temporary release of inmates . Unruly inmates Visitation of . Courses of study: — Adoption of, by school committees Recommendation of superintendent of schools American history and civics required Continuation schools Elementary schools, required subjects in Evening schools High schools, required subjects in Approval of small high schools Spanish .... Manual training and household arts Moral instruction . Required subjects . Vivisection and dissection regulated Vocational schools . Countj' agricultural schools Courts, jurisdiction of . Crippled children, compulsory attendance of High school instruction for, in small towns Massachusetts Hospital School PAGE 36 3.5, 36 36 112 36 36 37 36 36 59 10, 16 48 49 17 149, 150 150 58, 61-63 78 79,81 80 79 81 80 79 78,79 80 81 79 30,39 45 30 36 30 35 30, 31 31 33 34 37 30 38 55 63 81 73,74 33 152 INDEX. 175 D. Dance halls, admission of children to Daylight saving . . . . . Deaf, education of .... Constitutional provision for Debts, purposes for which towns maj- incnr Degrees, authority to grant . Falsely pretending to hold Granting, without authority Lowell Textile School may grant Massachusetts Agricultural College may grant Normal schools may grant Dehnquent and wayward children, Massachusetts Training Schools for Dental and health clinics, board of health may establish ... Department of Education: — Advisory board of education, appointment, compensation, and term of Commissioner of Education, chairman of Duties of ..... Ad\'isory councils for university extension, approval of Vocational education Meetings of .... • Membership of . . . Vocational Education, State Board for Agents of, appointment, removal, salaries, and transfer of Educational certificates accessible to . Employment certificates School registers .... Publication of books by, prohibited . Agricultural education. See Vocational schools Approval of claims for State reimbursement on account of: Agricultural departments . Agricultural schools . Americanization classes Continuation schools General School Fund High school transportation and tuition Income tax Massachusetts School Fund Sight-saving classes . Superintendents of schools Teachers' salaries In high school Vocational schools, maintenance of Tuition in . Approval of high schools Of continuation schools Of vocational schoofs Blind, adult. See Blind, adult. Blind and deaf, education of, supervision of Boarding houses at State normal schools . Census, forms for, preparation of Certification of superintendents of schools PAGE 157, 158 163 91 90 7 14fi 138 160 160 66 69 54 163 163 8,9 9 8-10, 15-18, 21, 22 10 10,60 9 8,9 10,60 9, 10 124 122 52 9,10 58 57-61 18 36 25,28 32,33 25,28 28 19 46,47 25,28 31. 33 55, 57-60 57,58 31,32 36 55. 56 21,22 53 49,50 47 176 INDEX. Department of Education — Continued. Certification of teachers for: — Continuation schools High schools, State-aided . Vocational schools Clerical assistance for . Commissioner of Education. Sec Commissioner of Education. Continuation schools, approval of Correspondence instruction, provision for . Correspondence schools, regulation of County training schools, visitation of Degree-granting power for normal schools Directors of divisions, appointment of Divisions of, organization of . Blind Immigration and Americanization Public Libraries .... Training of Disabled Soldiers and Sailors University Extension Vocational Education Duties and powers of, in general Educational and employment certificates accessible to Records of, prescribed by E.xpenditures, report to General Court on Grants for educational purposes, may receive in trust High schools: — Approval of, for admission of tuition pupils Organization of . Tuition rates Certification of teachers for Immigrants, adult, education of Incorporation of educational institutions Massachusetts School Fund Medical inspection material Mentally retarded children, education of Model and practice schools Normal schools .... Nurses, school, exemption of small towns relative to Organization of ... . Powers and duties in general . Private schools, statistics relating to Records of, open to public Registration of teachers . Of minors, forms for Report, annual .... School registers, reports, and returns Sight and hearing test material Superintendency unions : — Certification of superintendents Dissolution of . Formation and readjustment of Reimbursement to . Removal of superintendent PAGE 36 31, 33 55 9 36 17 150 79 54 9-12 9 9, 12, 19-21 9, 12, 18 9 . 11.64 10, 17, 18 10, 16, 55-64 8-22 122, 124 122 16 16 32 31 32, 75 17.33 18 138 26-28 44,45 41 53 53,54 43 8, 9 8-22 16. 17 16 17 49,50 15, 16 49 44,45 47 45 45, 46 46,47 46 INDEX. 177 Depart men t of Education — Concluded. Teachers' conventions Teachers' Registration Bureau Todd Fund Transportation of children on islands Tuition rates, approval of University extension courses Advisory councils for Offices for .... Vocational education Department of Public Health : — Directions for testing sight and hearing Examination of school buildings Directors of divisions, appointment of Disabled soldiers and sailors, training of . Discipline of schools, power of school committee as to Exclusion for misconduct Diseases, contagious and infectious, exclusion from school Dismissal of teachers and superintendents District superintendents . Union superintendents Dissection and vivisection in public schools District vocational schools Districts, superintendency, formation, of . Disturbance of public libraries and schools Divisions in Department, organization of Dog tax, use of, for free public libraries . For public schools .... Domestic arts, supplies for Doors of schoolhouses, exit Drawing a recjuired subject in public schools Drill, military, in public, regulated In public schools .... Drug stores, employment of minors in on account of PAGE 10, 16 17 28 77 31, 32, 57, 75 17 10 10 55-63 44 132 9 11,64 39, 79 77,79 77 40,41 40,45 40,46 38 56,57 45 162 9 86, 156 156 42 128, 129 30, 35 163 30,31 111 E. Ears and eyes of pupils, testing of . Educational and employment certificates. Sec Employment of minors Educational institutions, degree-granting by Exempt from taxation .... Granting degrees without authority, penalty for Incorporation of . Educational trusts and grants, management of Election of school committee .... Penalty for refusal to choose school committee Eminent domain, taking land by . Employment of minors: — Attendance officers, powers of . Badges for street trades .... Department of Labor and Industries, duties of Duplicate certificates, issuance of 44 138 163 160 138 49 141 142 38 140 115. 123 113, 114, 151 105 , 121 178 INDEX. Employment of minors — Concluded. Educational certificate: — Accessible to officials .... Age, evidence of .... . Evening schools ..... Eees prohibited ..... Forms prescribed and furnished by Department of Labor Issuance of ..... • Refusal to produce ..... Employment certificate : — Accessible to officials .... Age, evidence of ... . Contents of ..... . Continuation schools .... Duplicates, issuance of . Employer's promise of employment . Fees prohibited ..... Forms prescribed and furnished by Department of Labor Issuance of ..... • liimited ....... Physician's certificate .... Refusal to issue ..... Required ...... Return of ..... . School record ...... Schooling requirement .... Special certificate for domestic and farm work Filing of certificates ..... Forgery of certificates or proofs of age Forms for certificates, furnishing of . Home permits ...... Hours of labor of women and children Illegal employment ..... Inspectors, duties of .... . Limited certificates ..... Lists of minors to be posted .... Messengers ....... Penalties 109, Records of certificates ..... Regulated, minors under fourteen years Under sixteen years ..... Under eighteen years .... Under twenty-one years .... Return of certificates ..... Revocation of certificates .... Street trades regulated ..... Theatrical exhibition of children under fifteen prohibited Employment of teachers ..... Engineers and firemen, licensing of ... English language and grammar a compulsory study English language, instruction in, in private schools . English, use of, education of adults in . Entertainments, admission of children to PAGE 124 124 . .35, 124, 125 120, 121 and Industries 122 124 124 117,122 119 121 35-37, 120, 123 121 118 120, 121 and Industries 122 117, 118, 122 120, 121 118 121, 122 117 117 120 121 117 117, 121, 122 122 122 117 . 108-110, 112-114 122, 123, 125 . 115, 116, 123 120, 121 . 109 , 114, 117, 124 112, 113 115-11& , 122, 125, 126 122 110 110, 111, 117 111,112 112 117, 125 120, 125 113, 114, 151 125, 126 39 163 30 74 18 157 INDEX. 179 Essex County Agricultural School . "Evening class," definition of, for vocational schools Evening lectures ...... Evening schools: — Compulsorj' attendance of illiterate minors Fees, payment of . Fines for illegal employment enure to use of High schools required in certain cities Length of term .... Maintenance of, required in certain towns Notices of opening .... Required subjects of instruction in . Examination and selection of teachers Examination of school children, medical . Exclusion from school : — ■ Action for unlawful Contagious and infectious diseases Race, color, or religion not grounds for Right to a hearing .... Vaccination ..... Exhibition of school work at expositions . Expectorating in public places regulated . Experiment station .... Experimental farm .... E.xtension and correspondence courses, conduct of Eyes and ears, testmg of ... . PAGE 58, 61-63 55 37 35. 125 35 125 35 35, 39 35 35 35 39 43-45 77 44,77 75 77 77 42 163 68, 70, 71 71 17 44 "Factory," definition of ......... Fall River, Bradford Durfee Textile School at . Fares for school children, reduction in ...... . Federal Board for Vocational Education ....... Federal funds for vocational education, disposal of . Feeble-minded children, education of ...... . Fees for procuring positions for teachers regulated ..... Fees prohibited in connection w-ith educational and employment certificates Female assistants required in certain schools ...... Fines. See Penalties, fines and forfeitures. Fire escapes, required on schoolhouses ....... 129, To be kept clear .......... Fire extinguishers required in schoolhouses ...... Fitchburg, State Normal School at ....... Flag day, observance of ......... Flag: — Display of .......... . Foreign, display of ......... Misuse of .......... . Flower of the Commonwealth . . ... Forestry, instruction in, at Massachusetts Agricultural College . Framingham, State Normal School at ...... . Free lectures ........... 104 65 63, 158 . 59, 60 . 59. 60 153. 154 . 4] 1,47 120, 121 37 131. 132 129, 130 130 53 139 48 163 159, 160 138 72 53 37 180 INDEX. Free public libraries ..... Free textbooks and school supplies . Fuel for schoolhouses ..... Funds : — Educational, exempt from taxation . Federal funds for vocational education Grants, bequests, etc., for educational purposes Income tax, — General School Fvmd Massachusetts School Fund Todd Fund for normal schools PAGE 84-87 42 48 163 59,60 49 23-28 26-28 28 G. Games, play and, required subjects .... Games, supervision of, expenditures for, by school committee Good behavior, instruction in ..... Grants for educational purposes, receipt and administration of Gymnastics, calisthenics, military drill in public schools 30 41,42 30 16 30,31 H. Habitual absentees, truants, and school offenders Half fares on street railways ..... Health, boards of, and medical inspection Contagious diseases ..... Health, Public, Department of, directions for testing sight by . Schoolhouses, inspection of ... . Hearing : — Pupils not to be excluded without Teachers not to be discharged without Hearing and sight tests in schools .... Heating and ventilation of schoolhouses, inspection of High schools : — Agricultural departments in . American history and civics required subjects in Approval of, for State aid For non-resident pupils Organization of, in superintendency unions Tuition rates of ... . Certification of teachers .... Courses of study in, four years in length . Definition of . Evening, required in certain towns . Facilities in small towns, provision for Length of school year .... Maintenance of, required in certain towns Exemption of certain towns Manual training and household arts in, required Physically disabled pupils, education of Spanish, commercial, required in certain . State aid for certain .... and hearing prescribed in certain towns 78-82 63, 158 43 44, 77 44 132 77 40 44 132 55, 57, 58 30 31 . 31, 32 31 . 32, 75 . 17, 33 31 33 35 . 31,32 31,39,51 31 31 34 33 . 33, 34 31 INDEX. 181 High schools — Concluded. Subjects required in Teachers in, qualifications of . Tuition and transportation to . State aid for . Union district State aid for . History, American, and civics required subjects in all public schools Holidays, legal .... Display of flag on . Horace Mann School at Boston Hours of session of public schools . Household arts required in certain towns Vocational .... Hygiene and physiology required subjects Hygiene, school. See Medical inspection of school children. 17 PAGE 30. 31, 33, 34 31,33,39 31-.33.47 .32, 33 34 34 30 139 48 21 39 34 55-58, 63 30 Idleness and ignorance, children growing up in, commitment of Illegal employment of minors. See Employment of minors. Illiterate minors to attend evening schools Married women exempted Immigrants, adult, education of . Library facilities for .... Protection of, from exploitation and abuse Immigration and Americanization, Division of: — Advisory board, appointment of Director, appointment and compensation of Duties and powers of ... . Organization of .... . Income tax. State aid to towns for education from Incorporation of educational institutions Independent industrial, agricultural, and household arts schools schools. Independent Industrial Shoemaking School, Lynn "Industrial education," definition of .... Infectious and contagious diseases, exclusion from school for Inspection of boilers ....... Institutes, teachers, and conventions .... Investigations of farm and market conditions . Islands, children living on, transportation of . 79 74, 124, 125 74 18 11 18 12 12 18 12 23-28 138 See Vocational . 60, 61 56 . 44, 77 133-137 10, 16, 48, 49 63 77 Janitors, school, municipal pensions for . Joint committee: — In superintendency districts In superintendency unions School physicians and nurses, employment of Jurisdiction of courts as to : — Absentees, truants, and school offenders . Employment of minors, illegal 101 45 46 43 81 123 182 INDEX. Jurisdiction of courts as to — Concluded. Feeble-minded children ..... Teachers' Retuement Association Juvenile offenders and Massachusetts Training Schools PAGE 154 100 163 Labov of public employees, actions against towns for Eight-hour day ...... Security for payment of wages for Weekly pajment of wages for .... Labor of women and children. See Employment of minors. Land, purchase of ..... For vocational schools .... Land, sale or lease of, by Massachusetts Agricultural College Lectures, free, may be provided by school committee Legal holidays ...... Length of school year ..... Continuation schools .... Evening schools ..... High schools ...... Librarians, examination, registration, and instruction of Libraries, free public. See also Public Libraries, Division of. Appropriations for ..... Books, loan of .... . Defacement and detention of books of Disturbance of .... . Dog tax available for .... Establishment of . . . . . Trustees of, election of . Powers and duties of . . . Libraries, law ...... Licenses, engineers and firemen Entertainments ..... Liquor near schoolhouses forbidden . Lincoln's Birthday, observance of . Literature, immoral, distribution of, forbidden Location of schoolhouses, determination of Union schools ..... Lowell, State Normal School at . . . Lowell Textile School ..... Lunches, sale of, to pupils and teachers . 30, 3 84, 85, 87, 105 106-108 106 126, 127 48, 140, 141 . 58, 59 . 71, 72 37 139 1,.39, 51 36 35,39 31, 39, 51 86 140 84 161 162 86, 156 84 141, 142 85 83,84 163 157, 158 163 139 163 48 34 53 4,65,66 48 13, 1 M. Manual training required in certain towns .... Supplies for . . . . . . . Manual tiaining and industrial education in relation to labor laws Married illiterate women not requiied to attend evening schools Massachusetts Agricultural College : — Accounting and auditing ...... Degree-granting power ....... ii: 34 42 125 74 68 69 INDEX. 183 Massachusetts Agricultural College — Concluded. Employees ...... Experiment station .... Experimental farm and branch stations Inspection of commercial fertilizers and feedstuffs, reference to Mount Toby Demonstration Forest .... Normal department in ..... . Object of ....... . Placed in Department of Education .... President and instructors, election of . . , Report, annual ....... Rifle range at ....... Sale or lease of lands by . Seal of State institution ....... Trustees of, appointment, compensation, and term of Expenditures controlled by ... . Regulation of college ..... Trusts, management of . Massachusetts Hospital School for crippled children Massachusetts Nautical School: — Commissioners of, board of, appointment, compensation, and term of To serve in Department of Education Vessels loaned by United States, receipt of Cruises of training ship, advances for Employees not subject to eight-hour day . Report, annual ..... Massachusetts Normal Schools. See Normal Schools, State. Massachusetts School for the Blind, Perkins Institution and Massachusetts School Fund:^ — - "Assured minimum," defined Commissioners of . Definition of . Distribution of income of Balance, distribution of Method of Time of . Forfeiture of share in income of Returns by superintendent of schools Penalty for failure to file Massachusetts Training Schools Mayflower, the flower of the Commonwealth Medical inspection of school children: — Contagious or infectious diseases, exclusion of pupils on account of Notification of parent as to disease or defect .... Nurse, school, appointment of, required ..... Exemption of certain small towns ..... In superintendency unions ...... Physician, school: — Appointment of ....... - In certain cities by the Ixjard of health .... In superintendency unions ...... Removal of .....•• • PAGE 71 70, 71 71 72 72 G9, 70 68 13 69 68,69 69 71,72 68 67 13, 14 68 69 68 152, 153 13, 14 13 66 66 108 67 21 26 26 26 26-28 28 26-28 26 28 28 28 163 138 44,77 44 43 43 43 43 43 43 43 184 INDEX. Medical inspection cf school children — Concluded. Physician, school — Concluded. Duties in general of . Age certificates for employed minors Examination of certain pupils for contagious diseases Examination of pupils, teachers, janitors, and buildings Health certificates for employed minors . Testing of sight and hearing by teachers .... Blanks and directions. Department of Education to furnish Department of Public Health to prescribe Noimal schools required to instruct students in methods of Notification of parents ...... "Membei ship, net average," defined . ... Memorial Day, observance of ...... Mental condition of children as affecting school attendance Emploj^ment of minors ....... Mentally retarded children, special classes for .... Military drill in public schools regulated ..... In public ......... Military tactics at Massachusetts Agricultural College Minimum salary, legal, for teachers ..... Minors, admission of, to dance halls, skating rinks, bilUard rooms, etc Bootblacking and street sales by, regulated Employment of. See Employment of minors. Habitual truants, absentees, and school offendeis Neglected children, care of ..... . Registration of ....... . Model and practice schools at normal schools .... Moial instruction in the schools ...... Bible to be read in the schools ..... Distribution of immoral literature foi bidden Mount Toby State Demonstration Forest .... Municipal finance: — Appropriations, power of towns to make .... Department receipts, specific appropriations of Rate or percentage in certain cities .... Appioval of bills by auditor, selectmen, or town accountant Budgets in cities ........ Debts, purposes for which towns may incur Department receipts to be paid into general treasury . Estimates, annual, for town accountant .... Expenditures in anticipation of appropriation Forfeiture for neglect to raise money for schools Land, purchase of ....... . Liability, not to exceed appropriation .... Officers may incur, in anticipation of appropriation Penalty for neglecting to raise funds Purchasing agent, duties of Selectmen, approval of bills by Town accoimtant in relation to Municipal pensions for school janitors For teachers .... State reimbursement on account of or continuation schools 43 113, PAGE 43, 44 119 44 43,44 44, 118 44 44,45 44 4.5 44 25,52 38, 139 73,74 121 41 30,31 163 68, 69 40 157, 158 114, 151 . 79-81 151, 152 . 49, 50 53 30, 37, 38 38 163 72 140 149 146, 147 143 147, 148 146 149 144, 145 146, 148, 149 . 38, 39 140, 141 147 146, 148, 149 37 145 143 143, 144 101 98, 100, 101 98 INDEX. 185 N. PAGE 30 163 13, 14, 66, 67 y school attendance . 66, 67 Narcotics, effects of, to be taught ..... National anthem, manner of playing .... Nautical School, Massachusetts ..... Nautical schools, attendance upon, in relation to compulsor Towns may maintain .......... 66 "Net average membership," definition of ....... 25,52 Report on, in annual returns ......... 51 "Net maintenance sum," definition of ........ 56 New Bedford Textile School : — • Maintenance of, by Commonwealth ........ 65 Testing of textile machinery, processes, etc. ...... 65 Trustees, board of, appointment and term of ..... . 14 Insurance of buildings by ......... 65 Property in trust may be held by ...... . 65 To serve in Department of Education ...... 13 Tuition rates ............ 65 Newspapers, sale of, by minors ....... 113,114,151 Non-resident pupils, admission to : — ■ Continuation schools .......... 36 Covmty agricxiltural schools ......... 62 County training schools .......... 78, 79 High schools ............ 31-33 Normal schools ........... 54 Public schools . . . . . . . . . . 47, 75, 76 Liability of parent for tuition in ....... 75 Of town 47,76 Textile schools ........... 65 Vocational schools and departments ....... 57, 62 Liability of town for tuition in ....... • 57 Wards of the Commonwealth or city of Boston .... 57, 58, 75, 76 Norfolk County Agricultural School 58, 61-63 Normal Art School at Boston ......... 53 Normal department, Massachusetts Agricultural College ..... 69 Normal Schools, State : — Agreements as to model and practice schools ...... 53 Agricultural education at North Adams ....... 53 Aid to students in .......... 54 Boarding houses connected with ......•• 53 Bonds of principals ........•• 53 Degree of Bachelor of Education, may giant ...... 54 Location of ........... • 53 Management of, by Department of Education ...... 53 Non-resident pupils, tuition fees of ....... • 54 Practice school teachers, reimbursement for salaries of, from income tax . 25 Testing sight and hearing, instruction in methods for .... 45 Todd Fimd, income of ......••• • 28 North Adams, State Normal School at ....... • 53 Agricultural department in .....••• • 53 Northampton, Smith's Agricultural School at ...-■• • 61 Nurses, school, appointment of ....•••• • 43 186 INDEX. O. Oath of claimant may be required on bills Oath of office of town officials ..... Occupations forbidden to certain minors .... Offenders, habitual school ...... Organizations of school pupils, authority of school committee ov er PAGE 163 145 110-113 . 78-82 41 P. Parents, duties and responsibilities of, in relation to Attendance upon school . Employment of minors . Feeble-minded children . Tuition of: — Blind children . Crippled children Deaf children . Non-resident pupils . Parole from county training schools "Part time class," definition of Patriotic exercises in connection with Memorial Day Penalties, fines, and forfeitures: — Admission of children to billiard rooms, dance halls, and entertainments Boilers, inspection of, violation of rules relating to Buildings, construction of, violation of laws relating to . . 129, "College" or "university," illegal use of terms . Continuation schools, failure to attend Failure to appropriate for and maintain Correspondence schools, violation of laws relating to Defacing or detaining library books . Defacing school buildings .... Degrees, college, falsely pretending to hold Disturbance of schools and libraries . Eight-hour law, violation of, in public employment Employment of minors: — • Altering or forging birth or employment certificates Educational certificates .... Discharge child for non-attendance on continuation school, failure to Eight-hour day law, violation of Exhibition of minors under fifteen in theatres General penalty ..... Hindering attendance officers and inspectors Minors violating laws relating to Officials knowingly violating laws relating to Parent or guardian violating laws relating to Retaining educational certificates illegally . Employment certificates Street trades, selling articles to be sold illegally in Violation of law relating to . Unlawful occupations for minors under sixteen 74 116, 125 153 21 152 21 75 80 56 38 157 137 132, 133 161 36, 123 37 150 160 161 160 162 108 122, 123 125 123 109, 110 126 115 115 116, 117 116 116, 125 125 118 115 151 111 INDEX. 187 Penalties, fines, and forfeitures — Concluded. Employment of minors — Concluded. page Without educational certificates ....... 125 Without employment certificates . . . . . . .117 Fees, excessive, for procuring positions for teachers ..... 41 Acceptance of, by superintendents of schools ..... 47 Fire escapes, obstiuction of ........ . 130 Flag, failure to provide and display ........ 48 Misuse of .......... 159, 160 Habitual truants, absentees, and school offenders . . . . . 78, 79 Hindering attendance officers or inspectors .... 115,132,137 Illiterate minors, failure of, to attend evening schools .... 74, 125 Inducing unlawful absence of minors ....... 74 Massachusetts School Fund, failure to file claims for .... . 28 Pledging or assigning pensions ........ 102 Public schools, failure of small towns to comply with laws relating to . . 28 Failure of towns to appropriate for the support of ... . 38, 39 Religion or politics of teachers, inquiry as to . . . . . . 39 School committee, failure of town to choose ...... 38 Schoolhouses, failure of town to maintain ....... 38, 39 Wilful injury to ......... • 161 School reports and retuins, failure of school committee to file . . . 51, 52 Transportation to school, failure to provide, if ordered .... 38, 39 Ventilation, sanitation, and heating buildings, violation of rules as to . . 132 Vivisection and dissection, violation of law relating to .... 38 Wages, weekly payment of, violation of law relating to ... . 127 Pensions for teachers. See Retirement system for teachers. Pensions, municipal, for school janitors ........ 101 For teachers 97-101 Perkins Institution and Massachusetts School for the Blind . . • • 21 Physical examination of school children, teachers, and janitors .... 43, 44 Physical or mental condition in relation to school attendance . . . . 73, 74 Physical training a required subject in public schools ..... 30 Physician, school, appointment of ......-• • 43 Physician's certificate in relation to contagious diseases and vaccination . . 77 To the employment of minors ........ 118,119,125 Physiology and hygiene to be taught in the public schools .... 30 Play and games, appropriations for . . . . . . . .41,42 Required subjects ........... 30 Playgrounds, public ........... 163 Use of school premises for .......•• 48 Political rights of teachers not to be restricted ...... 41 Positions for teachers, fees for procuring, regulated . . . . . . 41, 47 "Practical arts class," definition of ........ 56 Establishment of, in vocational schools ....... 58 Practice schools ............ 53 Principals of State normal schools, bonds of ...... • 53 Prison labor, articles made by, purchase of ..... • 154-156 Private schools, approval of, by school committees ...... 73, 74 Annual returns from . . . . • . . • • • . 16, 17 Enrolment and discharge of minors, report of . . . • • • 50 Not to be aided by public money . . . . • • . 6, 7 Public employment 105-108, 126, 127 188 INDEX. Public Libraries, Division of: — Board of Free Public Library Commissioners Agents of, appointment of Aid to small public libraries Annual report of ... . Appointment, compensation, and term of Director of .... • Duties of ..... Examination and registration of librarians Purchase of books for small libraries . Organization of, in Department of Education Public libraries, free, dog tax available for Public money not to be expended for private institutions Public schools, in general : — Appropriations. See also Appropriations Assistants, female . Bible to be read in . Continuation schools Disturbance of Evening schools Exhibition of school work Free lectures . • High schools . Hours of session Length of school year Manual training and household arts Medical inspection . Memorial Day, observance of . Mentally retarded children Moral education in, duty of instructors Organizations, school School committee, powers and duties of Schoolhouses .... Subjects of study . Superintendents of schools Support of . Teachers, employment of Textbooks, free, and supplies . Union schools Vacation schools Vivisection and dissection Purchase of articles made by the blind Of articles made by prison labor Purchase of land .... Purchasing agent, duties of Purposes for which towns ma5' appropriate monej' PAGE 11,85,86 11 86 85 11 11 85,86 86 85 9, 11 86, 156 6,7 140 37 38 35-37 162 35 42 37 31-34 39 30, 31, 39 34 43^5 38 41 37,38 41 39-49 47,48 30 45-47 38,39 39-41 42 34 37 38 21 154-156 140, 141, 146 145 140 R. Railways, reduced fares for pupils on ... . Records of Department of Education open to public inspection Records of school committee ...... Reference books, purchase of . 63, 158 16 39, 45, 96 42 INDEX. 189 Registers, school . . . . ... Registration of minors ..... Of teachers seeking positions Rehabilitation of disabled persons . Religious belief of teachers not to affect election Religious institutions, public money may not be expended for Religious sect, books favoring any, not to be used in public schools Religious teachings in private schools not a bar to approval Repair of schoolhouses ....... Reports of the Department of Education, annual: — Authorized .... Distribution of . . . Massachusetts Agricultural College Massachusetts Nautical School Public Libraries, Division of Teachers' Retirement Board Textile schools Vocational education Reports of school committee, annual: — Publication of, required .... Registration of minors to be included in Superintendent of schools to assist in making Transmitted to Commissioner of Education Penalty for failure to file . Retirement system for teachers: — Ages of retirement, compulsory and voluntary Annuity ..... Assessments, deduction of, from salary Assessments for, rate of . Assignment and attachment of pension Boston teachers, certain, not included in Compulsory retirement of teachers . Custody of funds .... Definitions ..... Disabled teachers, retirement of Duties of school committees and board of trustees of vocational schools Funds of retirement system: — Annuity fund . Expense fund . Pension fund . Interest on assessments Jurisdiction of courts Leaves of absence, effect of Membership in other retirement associations Mortality tables, adoption of Municipal pension . Payments to estates of deceased members Pensions not to be paid for services . Persons employed by Commonwealth and by towns Retirement Board, appointment of . Duties of ...... Secretary of . Retiring allowance ..... PAGE 49, 52 49,50 17 10,60 39 6.7 38 74 47,48 15, 16 49 68,69 67 85 98 65 16 51 50 45 51,52 52 91 91-95 96 90 100, 102 98,99 91 97 87,88 93,94 96 90 89,90 90 92 100 95 97-99 89 98-101 99, 100 101 99 13 89 13 91-95 190 INDEX. Retirement syftem for teachers — Concluded. Teachers who entered service prior to July 1, 1914 Training school teachers ...... Transfers to and from State Retirement Association . Violation of retirement law ..... Withdrawal and reinstatement .... Returns, school, certificate of chairman of school committee in Failure to file, penalty for ..... Rifle range at Massachusetts Agricultural College Right of child to attend school in place of residence . PAGE S8, 89, 91 89 90 100 95,96 50,51 52 69 75 s. Sailors and soldiois, disabled, training of Salary, minimum ; — Of superintendents of schools in unions Of teachers ..... Salary of superintendents of schools: — In districts ..... Reduction in . Salary of teachers : — - Payment of, for last two weeks of term In case of dismissal . Reduction in . Salem, State Normal School at Sales, street, employment of minors in Sanitation and ventilation of buildings Savings of school children, collection of . Scholarships at Lowell Textile School School attendance. See Attendance upon school. School committee: — Adults, education of, in use of English Approval of bills by . . . . . . Articles, manufactured in workshops for blind, purchase of Prison-made, purchase of . Attendance laws, enforcement of Excuse of lawful absence . In relation to nautical schools Attendance officers, appointment of Attendance outside place of residence, approval of Budgets in certain cities, preparation of Certificate of: — ■ In General School Fund statement In Massachusetts School Fund statement . In School Returns ..... City charters in relation to ... . Closing of schools for teachers' conventions Compensation of, restricted .... Withholding of ..... Conferences of ..... . Contagious diseases, examination and exclusion of pupils for Notices to board of health of . Continuation schools, establishment and control of 112 11,64 46 40 45 41 40 40 53 114, 151 132 158, 159 66 18 140, 143 21 154-156 39, 73, 74 73 . 66, 67 81, 115 31, 32, 76 147, 148 25 28 50, 51 163 48, 49 42 52 16 44, 77 44 36,37 INDEX. 191 School committee — Continued. Courses of study, adoption of . Duties of, in general ..... Election and term of .... . Employment of minors: — Attendance officer, appointment of, to supervise Authorization of issuance of certificates Bootblacks and street vendors, licensing of School physician, in relation to . Estimates, annual, to town accountant Evening schools, establishment and control of . Exclusion from school ..... Exhibition of school work .... Expenditures for support of schools: — - Control of ..... . In anticipation of appropriations Not to exceed appropriations Failure to elect ...... Flags on schoolhouses, provisions for Forfeiture for neglect to choose Free lectures ....... Free textbooks and supplies .... Hearings for teachers before dismissal High school education, provisions for Increase and decrease in size of boards Ineligible to serve as teachers or superintendents Joint committee in unions .... In districts ...... Length of school year, determination of Lunches, school, preparation and sale of . Medical inspection of children, provisions for Mentally retarded children, education of . Municipal pensions for school janitors For teachers ...... Nautical schools, establishment of . Non-resident pupils, admission of . Oath of office ...... Organizations of pupils, supervision of Physician, school, and nurse, appointment of Play and games, apparatus for, and supervision of Playgrounds, school, public use of . Private schools, approval of, for school attendance Purchasing agent ...... Receipts, departmental, to go into general treasury Records of ...... . Registers, school, teachers to be caused to keep Registration of minors ..... Report, annual, of . Filing of, with Commissioner of Education . Resignation of ..... . Retirement system for teachers, duties in relation to Returns, annual, to Commissioner of Education Schoolhouses, general charge and control of PAGE . 39, 45 . 39-48 141 115 118, 124 113, 114. 151 118, 119 144 35 77 42 39, 140 146-148 147 142 48 38,39 37 42 40 31,32 141,142 42 45,46 45 39 48 43, 44 41 100 100, 101 67 75,76 145 41,42 43 41,42 48 73,74 145 149 39, 45, 96 52 49,50 50,51 51,52 145 96 49-52 48 192 L\DEX. School committee — Concluded. Schoolhouses, ventilation and sanitation of School savings system, approval of . Secretary of, appointment of . Sight and hearing of pupils, testing of Sight-saving classes, establishment of Subjects to be taught in schools, determination of Superintendents of schools, election of Supervision and control of public schools Teachers, disabled, retirement of Dismissal of . Employment of . . . Inquiry as to religious or political beliefs of, forbi Nomination of, by superintendent Political rights of . Reduction in salary of . . . Tenure of .... . Term of office ..... Textbooks favoring particular religious sects not to be Textbooks, free, adoption, purchase, and sale of Transportation of children remote from school Tuition of children, payment of Tuition rates, determination of Union schools ..... Use of school property for civic purposes . Vacancies in, appointments and elections to fill Vacation schools, establishment of . Vocational schools, control of certain Where children may attend school, regulation of Witnesses, power to summons . Women eligible to serve on . . . School entertainments, exhibition of children in School funds. See Funds. Schoolhouses: — • Alteration of . Appropriations for . Certificates of inspection Changes in use of, notice of Cinematographs, use of . Construction of, debt may be incurred for Control of . Doors of, shall open outward . "Exit" sign over places of egress Fire escapes required in certain To be kept clear Fire extinguishers required in all Flag, provision for, and display Foreign, display of, forbidden Fuel for .... Inspection of ... Penalty for hindering Land for, taking or purchase of Location of . ddcn used PAGF 158 39 44 19 30, 35 45-47 39 93 40 39 39 4& 41 40,41 40 39, 145 38 42 47 47, 76 75 34 17,48 142 37 39, 56-59 75 159 141 126 129 140, 146 131 131 163 146 47,48 129 129 129, 131, 132 129, 130 130 48 163 48 128-133 132 140, 146 . 47, 48 INDEX. 193 Schoolhouses — Concluded. Location of union schoolhouses Number and equipment of ... . Plans for, approval of .... . Portable seats ...... Rental of school facilities .... Repair of ...... . Sanitation and ventilation of . School physician may inspect .... Stairways to be kept clear .... To have suitable hand rails Use of, for public purposes .... Ventilation, heating and sanitation of, inspection of Wilful injury to ..... . Wooden flues prohibited ..... School nurses, appointment of . . . . School offenders, commitment of . School physician, appointment of . Certificates of age for employed minors Of health for employed minors . Examination of pupils, teachers, janitors, and buildings by School property, promotion of usefulness of School registers. Commissioner of Education to furnish Open to inspection of officials .... Teachers faithfully to keep .... School returns, abstract of, to be printed Blank forms for ...... Certificate of chairman of school committee Irregular or incorrect ..... Penalty for failure to file .... Private schools to file certain data School savings banks ...... School supplies, purchase of . Schools. See Public schools; also Vocational schools. Schools, correspondence ..... Disturbance of ..... . Sectarian books, use of, in public schools, prohibited Sectarian or private schools, approval of . Selectmen, approval of bills by ... . Support of schools in certain delinquent towns . Session of public schools, hours of . Short unit courses in county agricultural schools Sight and hearing tests in public schools . Training of teachers in normal schools in methods of Sight-saving classes for children .... Smith's Agricultural School, Northampton Soldiers and sailors, disabled, training of Spanish, commercial, required in certain high schools Stairways in schoolhouses to be kept clear State aid and reimbursement : — • Agricultural departments in high schools . Continuation schools ..... County agricultural schools .... PAGE 34 47 128 129 48 47,48 132 43 129 129 17,48 132 161 130 43 78-82 43 119 118 43,44 48 49 52 52 16 49 50,51 52 51,52 49,50 158, 159 42 149, 150 162 38 73,74 143 39 39 63 44 45 19 61 11,64 33, 34 129, 130 58 36 . 57,61 194 INDEX. State aid and reimbursement — Concluded. High schools: — Grant for .... • Transportation reimbursement . Tuition reimbursement Instruction of adults in the use of English Sight-saving classes .... Superintendents of schools in unions Support of public schools (Massachusetts School Fund) Teachers' salaries (General School Fund) Vocational schools, support of Tuition in Wards, State, tuition of . State-aided high schools Vocational schools . State normal schools State wards, tuition of, in public schools In vocational schools Statistics, educational, collection of, from public schools From private schools .... Steam boilers. See Boilers, inspection of. Street trades, employment of minors in . Subjects to be taught in public schools In evening schools ..... Summons or warrants, ser\dce of, in case of truants Superintendency districts .... Superintendency unions: — Annual meeting of joint committee . Appointment of school physicians and nurses Certain towns required to belong to . Other towns may belong . Dissolution of ..... Duties of ..... . Formation and readjustment of State aid for .... Superintendent of schools in . Appointment of ... . Apportionment of salary and services Certification of .... Bemoval of .... . Salary of ..... Tenure of .... . Travelling expenses of, reimbursement for Superintendents of schools : — Appointment and duties of . . . Attendance, school, enforcement of . Certification of, for unions Closing of school for teachers' meetings and conventions Coimty training schools to report to Hearing on parole from, notice to Dismissal of . Dismissal of teachers, recommendations relative to District superintendents, appointment and salary of PAGE . .31, 33 32, sa .32, 33 18 19^ 46,47 25-28 23-25 57 57 75, 76 31 57 53, 54 75,76 57 15, 49-52 16 112-114, 151 30, 31, 34, 38 35 81 45 4& 43 45 45 45 46.47 45,46 46,47 45-47 46 46 47 40,46 46 46 46,47 45 . 73, 74 47 . 48,49 78,79 80 40,46 40 45 INDEX. 195 Superintendents of schools — Concluded. District superintendents, tenure of . Employment of minors, duties relating to . Fees for procuring positions for teachers forbidden Filing of annual reports and returns Of application for instruction of certain high school pupils Of claims under Chapter 70 ... . Inquiry as to religion or politics of teachers forbidden Recommendation of teachers, textbooks, and courses of study by Reduction in salarj' of ..... • School committee ineligible to ser\-e as . . . School registers, distribution of .... Tenure of, in cities and towns not in districts and unions Transfer cards, issuance of .... • I^nion superintendents, appointment, salary, and tenure of Supplies, school, purchase of . •Support of schools, appropriations for .... Definition of, statutory ...... Dog tax, receipts from ...... Forfeiture for failure to raise money for Funds for, management of .... . Items included in . Private schools not to be supported by public funds . Receipts, departmental, to be paid into general treasurj- Suspension of teachers ....... Of pupils from school . . . . - 21,42 PAGE 40 116-124 47 51 32 25,28 39 45 41 42 49 40 76,77 46,47 , 145, 154-150 38, 39, 140 51 156 38,39 49 51 6.7 149 40 77 Taxation, exemption of educational institutions from Support of public schools by . "Teachers : — Advasory board of education to include one teacher Assistants, female ....... Attendance laws, compulsory, duties under Certification of, for small high schools Compensation of ...... . Contagious diseases, exclusion of children on account of Continuation schools, teacher-training for Approval of teachers Conventions of, holding of Closing schools for . Disabled, retirement of . Dismissal of . Duty of, in moral education Employment of . . . For Americanization classes Fees for procuring positions for Flag, display of . . . Lunches, school, preparation and sale of . . . Membership in Teachers' Retirement Association required Minimum salary for ...... Moral character of . 163 38, 140 8 37 73, 125 17,33 40 44,77 59 36 10, 16 48 93,94 40 37,38 30. 31, 39 18 41,47 48 48 88,96 40 30,31, 39 196 INDEX. Teachers — Concluded. Political rights of, not to be restricted Positions for, obtained through Department of Education Qualifications of ....■• • Recommendation of, by superintendent Registration of minors, co-operation in Religion or politics of, not to affect election Retirement of. »See Retirement system for teachers. Salary of: — ■ Contracts for . Legal minimum Reduction in . State aid on account of Withholding of, on account of school registers School committee, ineligible to serve as School records for employed minors School registers, keeping of School savings, collection of Suspension of ... Tenure of ... . Testing of sight and hearing of pupils Training of, in State normal schools Transfer cards for pupils Vocational schools, teacher-training for Approval of teachers Teachers' agencies, fees of . . . Teachers' conventions .... Teachers Registration Bureau Teacher-training classes for vocational schools Teeth of school children, examination of (see also Medical inspection) Temperance, instruction in . Tenure of superintendents and teachers . Union superintendents Textbooks, free, adoption and purchase of Changes in . Favoring tenets of any religious sect forbidden Loan or sale of, to pupils Recommendation of, by superintendent Textile schools, annual reports of . Degrees, granting of . . . Insurance of buildings r.i Location of . Purposes of . Scholarships in ... . Tests of textile machinery, etc., by . Trustees for, appointment of . To serve in Department of Education Tuition rates of . . . Theatres, admission of children to . Exhibition of children in Todd Fund for normal schools Town accountants, duties of . Town clerks, issuance of birth certificates by, without fee Trades, street, regulated PAGE 41 17 30,31,39 45 50 39 39 40 40 23, 28, 31, 33 52 42 118-121 52 159 40 40 44 53 76 59 55 41 10, 16, 48 17 59 16a 30 40 46 . 42, 45 42 38 42 45 65 66 65 65 65 66 65 . 13, 14 13 65 157 125, 126 28 143, 144 120, 121 112-114, 151 INDEX. 197 Training schools, county, commitments to Establishment of Probation and parole Support of inmates Visitation of . Transfer cards for pupils Transportation of school children, appropriations for Attendance outside place of residence Blind and deaf children ..... Children living on islands .... Cliildren living over two miles from school Appeal to Department of Education . Half fares on street railways . To high schools in other towns State aid for ...... Wards of State and of Boston .... Travelling expenses of union superintendents, payment of State reimbursement for ..... Truants, habitual, commitment of . Trustees of certain schools to serve in Department of Education, setts Agricultural College; Massachusetts Nautical schools. Tuberculosis and its prevention to be taught .... Tuition of non-resident pupils : — Approval of rates of Deaf and blind children . High school . State reimbursement of Inmates of certain institutions Liability of parent for Of town . Normal schools Textile schools Vocational schools . Wards of Commonwealth and of Boston PAGE 78-81 78 79-81 78,79 79 76, 77 140 47 21 77 47 47 63, 158 32 32,33 75,76 46 46,47 78-82 See Massachu- School; Textile 30 21 . 31,32 . 32, 33 76 75 32, 47, 76 54 65 . 57, 62 57, 58, 75, 76 u. ^ Union high school districts ..... Union schools ....... Union, superintendency. See Superintendency unions. United States Bureau of Education, statistics for United States flag, display of Misuse of .... . University extension, advisory councils for Certificates may be granted Conduct of extension and correspondence courses Rental of offices for Use of school buildings for "University," use of designation Unlawful exclusion from school Usefulness of school property, promotion of 34 34 16 48 159, 160 10 17 17 10 17 160, 161 75,77 48 198 INDEX. V. Vacation schools, establishment of . Vaccination of children . " Valuation," defined Ventilation of schoolhouses Vivisection and dissection regulated "Vocational education," definition of State board for Vocational rehabilitation, acceptance of acts of congress for Administration of . Appropriation for . Quarters for . Vocational schools: — Administration and control of, by local authorities^ Advisory committees for Age, restrictions as to, in . . . Agricultural education: — County agricultural schools Definition of . Departments in high schools Schools for gardening, poultry raising, etc. Short unit courses .... Smith's Agricultural School Approval and supervision of, by Commissioner of Education Continuation schools Co-operation with Federal Board Co-operative courses approved Custody of Federal funds Definitions District Federal grants for, disposal of Half fares on railways Household and practical art classes in Independent industrial schools, establishment of Independent Shoemaking School, Ljmn Land, taking or leasing of, for . Liability of town for tuition at Nautical schools .... State Board for Vocational Education State reimbursement for . Textile schools .... Training of disabled soldiers and sailors Training of teachers for . Trustees, local, for vocational education Tuition of non-resident pupils . Vocational rehabilitation PAGE 37 77, 151 139 132 38 56 10,60 10 60 10 10 36,39,56,57 57 58,62 61-63 55 58 58 63 61 56 35-37 59 117, 124 59 55,56 57 59,60 63 58 56 60 58,59 57 66 10 36. 57, 58 65,66 64 59 56 57 60 103, w. Wards of the Commonwealth and of Boston, tuition of In vocational schools ....... Warrants, summons, and jurisdiction of courts, in care of truants 75,76 57 81,82 INDEX. 199 Weekly payment of wages ....... Westfield, State Normal School at . Witnesses, power of school committee to summons . Right of teacher to a hearing with ..... Women and children, employment of. See Employment of minors. Women, eligible as attendance officers ..... Eligible for public office ....... Worcester, State Normal School at ..... Working children, continuation schools for .... "Workshop," definition of ....... PAGE 126, 127 53 159 40 81 141 53 35-37 104 m i I'i / ',. . j-y'ii'.,:' i. ,, . ,,,,, ,_ .1,^1;, "'I 1 UC SOUTHERN REGIONAL LIBRARY FAl-ILiT/ AA 000 230 865 8 ■'Mi \ . % '''':■ :-:^'''! ,.-:,! ,• imA KJlfe i » Rui;!',:<;