N7~R9 mtt (College of Agriculture JU OJomeU ImuerBtts 3tljata, 55. $. Hibrarij LC 132.N7R9 e " UniVersl 'V Library The University of the State of New York The State Department of Education WW- RULES AND CERTIFICATE FORMS FOR ADMINISTERING THE COMPULSORY EDUCATION LAW June 1921 Certificate Forms and Suggestive Rules for Procedure in Administra- tion of Chapter 386, Laws of 1921 — an Amendment to the Compulsory Education Law and Labor Law, effective September 1, 1921 ALBANY THE UNIVERSITY OF THE STATE OF NEW YORK PRESs"^ 1921 • N, C20rje21-10,000(9) Compulsory Attendance Division June 7, 1921 Hon. Frank B. Gilbert M.A. LL.D. Acting President of the University and Commissioner of Education Dear Sir: I beg to hand you herewith for approval copy of rules and certifi- cate forms which in substance at least are deemed necessary to carry into proper effect chapter 386 of the Laws of 1921, amending the Education Law and the labor law. In the preparation of this circular, due acknowledgment is hereby made for valuable assistance received from Lewis A. Wilson, Director of the Division of Vocational and Extension Education, State Education Department; George H. Chatfield, assistant director, Bureau of Attendance, New York City; and George A. Hall, secre- tary of the New York Child Labor Committee. Very truly yours / James D. Sullivan Chief Approved . Frank B. Gilbert Acting President of the University and Commissioner of Education [2] The University of the State of New York The State Department of Education RULES AND CERTIFICATE FORMS FOR ADMINISTERING THE COMPULSORY EDUCATION LAW The amendment to the labor law and the compulsory education law, as embodied in chapter 386 of the Laws of 1921, transferring the issuance of working papers from health departments to local school authorities, is an important, forward-looking step. The bill before introduced in the Legislature was approved by the State departments of Education, Labor and Health, and by many well- informed and interested citizens. The law is a guaranty of better and more adequate protection to the child in industry, and aid to employer. Aside from some minor though essential details, the law simply provides, with proper safeguards, for the issuance of a school record certificate, a health certificate, and a working permit to a minor seeking employment in industry. Accompanying this circular, you will receive a copy of chapter 386 of the Laws of 1921 amending the Education Law and the labor law. This act, while containing other features, deals primarily with the question of how employment certificates, vacation employment cer- tificates, and newsboy permit badges, shall be issued after Septem- ber 1, 1921. To obviate possible confusion as to the meaning of the statute, the following explanation is submitted and school officials affected by the law are requested to follow the interpretation herein set forth. 1 Who shall issue school record certificates School record certificates shall be issued, as at present, namely : a In a city of the first class by the principal or chief executive officer of a school which the minor attends. & In a city or school district of 4500 or more, employing a super- intendent of schools, by such superintendent. c In all other school districts by the principal teacher. In addition, during July and August, and at other times under emergency circumstances only, a school record certificate may be issued by a public school official deputized in writing by the super- [3] intendent of schools. Emergency circumstances may be of the fol- lowing type: a minor who attended school outside of this State or country, furnishes proof satisfactory to the issuing officer of his inability to obtain the signature to a school record certificate of the proper official in the school attended, as required by law. Other circumstances may be regarded as emergent if approved in writing by the superintendent of schools. This provision, however, does not authorize the issuing officer to modify the requirements which a minor must satisfy for a school record certificate. The provision refers only to the person who may sign such certificate. A record shall be kept in the office of the employment certificating officer setting forth the facts in connection with the issuance of school record certificates by such officer under emergency circumstances. For the purpose of issuing school record certificates during July and August all records as to age, grade, attendance etc. or tran- scripts of the needed data should be made accessible to the employ- ment certificating officer during those months. 2 Who shall issue employment certificates • In cities and school districts with a population of 4500 or more, the superintendent of schools or a public school official deputized by him (other than an attendance officer) shall issue these certificates. In places with a population less than 4500 the district superin- tendent or a public school official deputized by him (other than an attendance officer) shall issue these certificates. A member of the teaching or supervisory staff or clerical force may be deputized as employment certificating officer. Care must be taken in every case to select only thoroughly responsible and reliable persons to perform these duties. The name and qualifica- tions of every such employment certificating officer shall be filed in the office of the commissioner of education. When place of residence and work are different, the minor should apply for an employment certificate to the employment certificating officer of the place of residence, provided that superintendents of schools of contiguous cities may modify this rule by agreement. Minors residing outside of the State shall obtain employment cer- tificates in the district where they expect to obtain employment. Employment certificates are of two kinds, (1) general employ- ment certificates — good at all times, and (2) vacation employment certificates — good only on specified days and in certain occupations. 3 How general employment certificates are to be issued It is suggested that the steps in issuing such a certificate shall be: [4] a Minor obtains the blank form " employer's statement " from the principal or other official who issues the school record certificate, takes 'it to prospective employer, and obtains his signature thereto. b Minor applies, with parent, for a school record certificate, to the school official authorized to issue such certificate, the parent signing the application. c Minor presents to the examining officer of the board of health the application of the parent, the school record certificate, proof of age, and the signed employer's statement, and receives a physical examination by board of health physician. If found in sound health and the papers mentioned above are approved, minor is given a cer- tificate of physical fitness by the board of health. d Minor presents all the foregoing papers to the employment cer- tificating officer of the schools who gives minor a literacy test. If the papers are satisfactory and the minor proves his ability to read and write correctly simple sentences in the English language, the employment certificating officer issues the employment certificate. 4 Special duties of school employment certificating officer a Approval of papers Care must be taken to approve only such papers as comply fully with the letter of the statute. As a minor's age is sometimes falsified in a parent's affidavit, no affidavit shall be approved as sole evidence of age. It may be accepted, when required by law, as corroborative evidence only. b Literacy test Ability to read and write correctly simple sentences in the English language may be determined by dictating sentences for the minor to write and by having the minor read from a school reader appropriate to the grade completed. c Procedure when employment certificates are lost In case the requirement that the employment certificate pre- viously issued must be returned to the employment cer- tificating officer before a new certificate may be issued can not be met because the first certificate has been lost, the employment certificating officer may issue another employ- ment certificate. A record shall be kept in the office of the employment certificating officer, setting forth the facts in each such case. If a minor who has been employed with an employment cer- tificate lawfully issued prior to September 1, 1921, proves to the satisfaction of the employment certificating officer [5] that the employment certificate has been lost, such officer shall issue an employment certificate of the type required after September 1, 1921, upon the filing of the employer's statement. 5 Limitations of general employment certificate This certificate shall show the name of the prospective employer and shall not authorize the employment of the minor by any other person. It must be handed to the minor to take to the prospective employer and such employer must mail it to the employment cer- tificating officer within three days after the minor has terminated his employment. A minor who changes his employer, shall obtain a new employ- ment certificate. No attempt should be made to reissue the original certificate. A statement from the new prospective employer will be necessary but no new physical examination, school record cer- tificate, age proof, or literacy test shall be required. 6 Vacation employment certificate Such certificates shall be issued by the employment certificating officer in the same manner as the regular employment certificate except that no school record certificate shall be required. The vacation employment certificate shall be valid for employment on Saturdays, during vacations, and on other school holidays, in or in connection with a mercantile establishment or business office or in outdoor work. It does not authorize employment before or after school on days when schools are in session. It must be issued in the name of the prospective employer and a new vacation certificate must be obtained for each new position. General employment cer- tificate shall be equally valid for Saturday or vacation employment. To avoid confusion, parents and children may be advised that the employment authorized without any certificate (section 626, B, 2, c) refers only to work of children 12 years of age or over outside of school hours in farm service or outdoor work not connected with any establishment or occupation requiring a regular employment certificate or a newsboy permit badge. This clause was intended to cover incidental chores or other outdoor work such as cutting lawns, shoveling or cleaning walks, etc. 7 Newsboy permit badges Special attention is called to the changes in the newsboy law. After September 1st this law applies to all communities of the State and requires a license for all boys 12 to 16 years of age to sell papers on the streets or deliver papers along routes. Girls under 16 years of age are not permitted to perform such work. [6] The same permit badges must be required either to sell or deliver papers. This may be done outside of school hours only, and not earlier than 6 a. m. nor after 8 p. m. The responsibility for furnishing permit badges and for the enforcement of the provisions of the newsboy law rests primarily upon local school officials who are authorized to use attendance offi- cers for the purpose of enforcement. The cooperation of the police may be invited wherever desirable. 8 Blanks and forms required As the statute authorizes the Commissioner of Education to pre- scribe the form and contents of all certificates and newsboy permit badges, sample forms are printed herewith. Local school authorities may prepare such forms as may be desired, which shall be substan- tially equivalent in contents to these sample forms, and such author- ities shall file copies of such local forms with the Commissioner of Education. 9 Reports Quarterly reports shall be made to the Commissioner of Educa- tion on such forms as he may furnish. First report shall be filed on or before December 5, 1921. SUGGESTED FORMS EMPLOYER'S STATEMENT Employer — Please fill out this card completely IN INK and sign with the individual signature of a member of the firm, manager or superintendent City of ,N.Y 19.. In accordance with the provisions of the labor law I intend to employ [.Minor's full name] [.Minor's address] in [Name of firm'] [Address] [Kind of business] [Phone] [Minor's exact occupation] for not more than hours a day, days in the week, and to cooperate with the public school authorities in obtaining the attend- ance of said minor at continuation school if, and so long as, such minor shall be required to attend such school, and also to return the minor's employment certificate to the issuing officer within three days of the minor's withdrawal or dismissal from employment. Individual signature [firm name not accepted] Official title [7] For information of applicant — proceed as follows: 1 Take this statement to prospective employer and obtain his signature. 2 Make application with your father, mother or guardian, for a school record certificate to the school official authorized to issue such certificate. 3 Present to the board of health the application of your parent, your school record certificate, proof of your age and this signed employer's statement and you will then be given a physical examination by the board of health physician. If in sound health and your papers are approved, you will be given a certificate of physical fitness. 4 Take all papers mentioned in the preceding paragraph to the employment certificating officer located at who will give you a test in reading and writing. If your papers are satisfactory and you are able to read and write correctly simple sentences in the English language, you will be granted an employment certificate. PRELIMINARY BLANK Board of Education, City, Town or Village of APPLICATION FOR SCHOOL RECORD CERTIFICATE To the Officer Issuing School Record Certificate: Date Sir: I, the undersigned, being the . . [Mother, father or custodian'] of hereby apply for school record certificate for such minor and certify that the minor's address is and the date of the minor's birth is [Signature of person in parental relation} [8] SCHOOL RECORD CERTIFICATE To the Employment Certificating Officer: Date Sir: I hereby certify that according to the school records : 1 The minor named in above application resides at 2 The minor is either [] a Fourteen years of age and a graduate of public elementary school, or a parochial school, or other school in which the subjects specified in section 620 of the Education Law, as amended, are taught as required therein; or [] b Fifteen years of age and has completed the prescribed work for the first six years of the course of study of such, school in which the subjects specified in section 620 of the Education Law, as amended, are taught as re- quired therein. 3 This minor has attended school a total of days* during the 12 months preceding [] a Graduation and is 14 years of age; or | ] b Application for this certificate; or \] c Fourteenth' birthday of which days were made up since applica- tion was made for this certificate on [Date] Note: Indicate by "X " in proper square to which group minor belongs. Date of minor's birth Persons in Oarental leather, mother or custodian] re^tion * Total number of days must be at least 130. Grade completed [Signed] l Official authorised to issue school record certificate] [9] CERTIFICATE OF EMPLOYMENT CERTIFICATING OFFICER I hereby certify that I have approved and filed all the papers required by law relating to the above-named minor for the issuance of an employment certificate, and that said minor has been examined by me and is able to read and write correctly simple sentences in the English language, evidence of which is filed herewith, and that I have issued an employment certificate to, such minor's prospective employer. [Signed] [Signature of employment certificating officer] [Date] (Reverse side of preliminary blank) To Officials Authorised to Issue Certificates: 1 School record certificates shall be issued only by the following persons : a In a city of the first class, by the principal or chief execu- tive officer of a school. & In a city or school district having a population of 4500 or more and employing a superintendent of schools, by the superintendent of schools. f In all other school districts, by the principal teacher of the school. d During the months of Tuly and August, and at other times in extraordinary an& emergency circumstances, by one or more public school officials deputized in writing by the superintendent of schools. 2 School record certificates shall not be issued unless the minor is at least 14. years of age. Such school record certifi- cate shall not be issued to any minor between 14 and 15 years of age who is not an elementary "hool graduate, or to any minor between 15 and 16 years of age who has not completed the work of the sixth grade. 3 " Any person who makes a false statement in or in relation to any employment certificate as to any matters required by this act or in any affidavit, record, transcript or certificate therein ' provided for, is guilty of an offense, punishable in each case by a fine of not more than one hundred dollars, or by im- prisonment for not more than sixty days, or both such fine and imprisonment." [10] DEPARTMENT OF HEALTH CITY OF BUREAU OF CHILD HYGIENE CERTIFICATION OF PHYSICAL EXAMINATION AND RECORD OF EVIDENCE OF AGE OF CHILD APPLY- ING FOR EMPLOYMENT CERTIFICATE To the Employment Certificating. Officer of the Department of Education of the City of : This is to certify that of [Name] [Address] , age , a pupil of was physically examined on at the office of the department of health, and has, in the opinion of the examining physician, reached the normal development of a child of its age and is in sound health and physically able to perform the work he intends to do. It is further certified that this child has produced evidence of age, as follows which is satisfactory legal evi- dence as required by chapter section of and that the school record certificate and employer's statement have been examined and approved as required by law. [Age and Health Certificating Officer] [Date] [11] City of RECORD OF PHYSICAL EXAMINATION OF CHILD APPLYING FOR CERTIFICATE OF PHYSICAL FITNESS Name Address School No. Grade Boy Girl Color — W. C. Other (Sp.) Height: (In shoes) Ft. In. Weight: (without outer cloth- ing) Pounds Vaccinated — yes — no Birthplace of father mother child Evidence of age accepted: a Birth cert. — passport, Baptismal certificate b Nature of other evidence accepted c 60 day paper Reasons for rejection: a Improper evidence of age b Physical — Temp. " Perm. Date of birth Date of examination at health department Certificate issued — date Number Certificate refused — reason Date of reexamination Right 20 20 20 20 20 N. 40 50 70 100 200 Left 20 20 20 20 20 N. 40 SO 70 100 200 Vision (by Snellen chart) Other conditions Acute eye disease (kind) Heart: sounds — normal _ — abnormal (taken with stethoscope on bared skin) Diagnosis Pulse rate Lungs : Dulness R. L. — yes — no Rales R. L. — yes — no Abn. breath. R. L. — yes — no Diagnosis Orthopedic — kyphosis — scoliosis Joints — other (sp.) Skin disease — scabies — ringworm — impetigo — pediculosis — other (sp.) Serious previous illnesses — yes — no What disease: Right 20 20 20 20 20 N. 15 12 10 6 4 Left 20 20 20 20 20 N. 15 12 10 6 4 Hearing — whispered voice at 20 ft. Teeth — good — bad Nasal breathing Normal — defective Tonsils — 1, 2, 3, 4. Glands — large, yes — no Nutrition — 1, 2, 3, 4. Nervous system : Chorea- tic — spasms — other Speech — normal — stutter Hernia • — yes — no Thyroid — large — yes — no Special marks or abnormal- ities not mentioned else- where Examining physician o bt rt T) H a Hi ^ xn o A3 a! '3 u > K h ffl J H fc o COT3 X o Improved Unimproved O.K. Certificate issued— yes— no Examining physician [Certificate attached here by perforations] Special notice: The law requires employers upon termination of em- ployment of a minor under 16 years of age to return this employment certificate by mail within three days to the employment certificating officer named above. [See other side] [12] EMPLOYMENT CERTIFICATE Number This certificate, issued in accordance with the law, authorizes the employment of by located at Description of Minor [Indicate by " X "] Sex: Male Female Race: White Colored Hair: Blk. Brn. Yellow. Red Eyes: Dr. Brn. Lt. Brn. Blue Gray Blk. Distinguishing physical characteristics Signature of minor Address [.Official address of issuing officer] [Signature of issuing officer'] [Date] [Official title] Countersigned by [Signature of continuation schoot representative] [To go on end of above blank} Receipt Coupon Detach and return to issuing officer Employment certificate no. This is to certify that the employment certificate of [Name of minor] has been received by me, has been properly [Address of minor] filed for inspection, and said minor began work , 192... [Kind of industry] [Signature of member, superintendent or manager] [Name of firm] [Address of firm] 192.. [13] [Reverse side of employment certificate blank] Notice to employers: 1 As an aid to the administration of the law, employers are re- quested to return the receipt coupon attached to this blank immedi- ately on its receipt. If the minor for whom it is issued fails to report for work, please mail to the issuing officer both receipt coupon and certificate. 2 This employment certificate is not valid for employment of a minor who is required to attend continuation school, unless such certificate is countersigned by a representative of such school. Such a minor is required to attend continuation school four consecutive hours each week between 8 a. m. and 5 p. m., in accordance with the provisions of chapter 531 of the Laws of 1919. 3 This employment certificate must be kept on file in the office of the employer, subject to the inspection of persons authorized by law to inspect such certificates. 4 The labor law restricts the number of hours a day and a week which minors under 16 years of age may be employed as follows : In factories minors may not work before 8 o'clock in the morning or after S o'clock in the afternoon, or for more than 8 hours in any one day or more than six days in any one week (section 170, labor law). Special attention is called to dangerous trades at which minors may not be employed, enumerated in section 146, labor law. In mercantile establishments minors may not work before 8 o'clock in the morning or after 7 o'clock in the evening, or for more than 9 hours in any one day or more than six days in any one week (section 180, labor law). [14] DEPARTMENT OF HEALTH CITY OF BUREAU OF CHILD HYGIENE CERTIFICATION OF REJECTION OF CHILD APPLYING FOR EMPLOYMENT CERTIFICATE To the Employment Certificating Officer of the Department of Education of the City of : This is to certify that of [Name] lAddressl , age , a pupil of was physically examined on at the office of the department of health, and (1) has been rejected permanently because of physical incapacity, as follows : (2) has been rejected temporarily because of physical incapacity, as follows : and has been requested to report 'for further examination on (3) has been rejected because of _ insufficient evidence of age, as follows : (4) has been rejected because of unsatisfactory character of C school record certificate ) employer's statement [Age and Health Certificating Officer] [Date] ( [This blank should differ in color from the regular employment certificate form] Special notice: The law requires employers upon termination of em- ployment of a minor under 16 years of age to return this employment certificate by mail within three days to the employment certificating officer named below. [See other side} [15] VACATION EMPLOYMENT CERTIFICATE VALID ONLY FOR SATURDAY AND VACATION WORK: NOT GOOD FOR FACTORY WORK Number This certificate, issued in accordance with the law, authorizes the employment of by located at Description of Minor [Indicate by " X "] Sex: Male Female Race: White Colored Hair: Blk. Brn. Yellow Red Eyes: Dr. Brn. Lt. Brn. Blue Gray Blk. Distinguishing physical characteristics Signature of minor Address [Official address of issuing officer] {Signature of issuing officer] [Date] [Official title] [Reverse side of vacation employment certificate blank] Notice to employers : 1 This certificate is not valid for work in or in connection with a factory. It authorizes employment of the child named herein, on any day, when such child is not required to attend school, such work to be in or in connection with a business office, mercantile establish- ment or in outdoor work. It does not legalize employment before or after school. 2 This vacation employment certificate must be kept on file in the office of the employer, subject to the inspection of persons authorized by law to inspect such certificates. 3 The labor law restricts the number of hours a day and a week which minors under 16 years of age may be employed as follows : In mercantile establishments minors may not work before 8 o'clock in the morning or after 7 o'clock in the evening, or for more than 9 hours in any one day or more than six days in any one week (section 180, labor law). [16] THE UNIVERSITY OF THE STATE OF NEW YORK THE STATE DEPARTMENT OF EDUCATION COMPULSORY ATTENDANCE DIVISION REPORT OF WORK OF EMPLOYMENT CERTIFI- CATING OFFICER FOR QUARTER ENDING 1 Employment certificates issued Classified by grade, kind of school attended, sex and age 1 _— School Grade Completed 6th 7th 8th 9th 2d yr. high sch. in u Pub. Par. Oth. Put. Par. Oth. Pub. Par. Oth. Pub. Par. Oth. Pub. Par. Oth. > B G B G B G B G B G B G B G B G B G B G B G B G B G B G B G 14 15. . . . Total 2 Initial and subsequent certificates Granted during quarter Years Initial certif. 2d certif. 3d certif. 4th certif. 5th certif. 6th certif. Gen'l Vac. Gen'l Vac. Gen'l Vac. Gen'l Vac. Gen'l Vac. Gen'l Vac. 14 15 Total . . 3 Evidence of age Kinds approved and filed Transcript of 01 u Primary evidence "A" Other documentary evidence "B" Phys. IX Birth certif. Bapt. record Pass- port Bible Ins. Imig. Census Other 14 . . 15 . . Tot. r [17] 4 Employment certificates refused Classified by causes en u By reason of insufficient School attendance Educ. (Literacy test) Evid. of age Phys. fitness 14 . . 15 . . Tot. 5 Newsboy permits issued Classified by age Age 12 13 14 15 Total NO, 181