S0^ /W 132 13 fi3 >py 2 o Compulsory a Education Law. \ 09 ^ V OFFICE OF STATE COMMISSIONER OF COMMON SCHOOLS Columbus, O., August 15, 1902. To Boards of Education: Your attention is called to the changes made by the General Assembly in the compulsory education law, which is made much stronger and gives boards of education and truant officers increased powers for its enforcement. The law is printed in full, together with the sections relating to child labor and forms to be followed by those who are to execute the same. Yours truly, Commissioner. OCT 7 - d, ota Compulsory Education Law. . [House Bill No. 663.] AN ACT To amend sections 4022-1 to 4022-14 inclusive and to repeal sec- tions 4025, 4027, and 4029 of the Revised Statutes of Ohio. Be, it enacted by the General Assembly of the State of Ohio: Section i. That sections 4022-1 to 4022-14 inclusive of the Revised Statutes of Ohio be amended so as to read as follows : Sec. 4022-1. All parents, guardians and other persons who have care of children, shall instruct them, or cause them to be instructed in reading, spelling, writing, English grammar, geography and arithmetic. Every parent, guar- dian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private or parochial school, for the full time that the school attended is in session, which shall in no case be for less than twenty-four weeks, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance by the super- intendent of the public schools, in city or other districts hav- ing such superintendent, or by the clerk of the board of education in village, special and township districts not hav- ing such superintendent, or by the principal of the private or parochial school, upon satisfactory showing, either that the bodily or mental condition of the child does not per- mit of its attendance at school, or that the child is being instructed at home by a person qualified, in the opinion of the superintendent of schools in city or other districts hav- ing such superintendent, or the clerk of the board of edu- cation in special, village and township districts not having such superintendent, to teach the branches named in this section. In case such superintendent, principal or clerk refuse to excuse a child from attendance at school, an appeal may be taken from such decision to the probate judge of the county, upon the giving of a bond, within ten days after such refusal, to the approval of said judge, to pay all the costs of the appeal, and the decision of the probate judge in the matter shall be final. All children between Compulsory- education : In what branches chil- dren must be taught. Necesary time of attendance. Excuse. Appeal in cas of refusal to COMPULSORY EDUCATION LAW. Penalty for failure to place child in school as herein provided. Employment of children under age of fourteen years; when unlaw- ful ; penalty. Attendance of minors in certain cases. the ages of fourteen and sixteen years, not engaged in some regular employment, shall attend school for the full term the schools of the district in which they reside are in ses- sion during the school year, unless excused for [the] reasons above named. Any parent, guardian, or other person, hav- ing care of a child between the ages of eight and fourteen years, who shall, in violation of the provisions of this sec- tion, fail to place such child in school at the commence- ment of the annual school term within the time prescribed in this section, shall upon conviction, be fined not less than five dollars nor more than twenty dollars. And upon the failure or refusal of any such parent, guardian, or other person to pay said fine, then said parent, guardian, or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. Sec. 4022-2. No child under fourteen years of age shall be employed or be in the employment of any per- son, company or corporation, during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township districts not having such superintendent upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in sec- tion 4022-1 of the Revised Statutes of Ohio; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the state commissioner of common schools and the same furnished, in blank, by the clerk of the board of education. Every person, company or corporation employing any child under sixteen years of age, shall exact the age and school- ing certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon request of the truant officer hereinafter provided for, per- mit him to examine such age and schooling certificate. Any person, company or corporation, employing any minor con- trary to the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars. Sec. 4022-3. All minors over the age of fourteen and under the age of sixteen vears, who cannot read and write COMPULSORY EDUCATION LAW. the English language shall be required to attend school as provided in section 4022-1 of the Revised Statutes of Ohio and all the provisions of said section shall apply to said minors ; provided, that such attendance shall not be re- quired of such minors after they have secured a certificate from the superintendent of schools, in districts having su- perintendents or the clerk of the board of education in dis- tricts not having superintendents, that they can read and write the English language. No person, company or cor- Employment 1 11 1 1 • 1 • 1 1 1 of suc k min " poration shall employ any such minor during the time schools ors; penalty. are in session, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided for. Every per- son, company or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars. Sec. 4022-4. Every child between the ages of eight juvenile and fourteen years, and every child between the ages of persons, fourteen and sixteen years unable to read and write the English language, or not engaged in some regular em- ployment, who is an habitual truant from school, or who absents itself habitually from school, or who, while in at- tendance at any public, private or parochial school, is incorrigible, vicious or immoral in conduct, or who habit- ually wanders about the streets and public places during school hours having no- business or lawful occupation, shall be deemed a juvenile disorderly person, and be subject to the provisions of this act. Sec. 4022- k. To aid in the enforcement of this act, Truant offi- . cers; powers truant officers shall be appointed and employed as follows : and duties. In city districts the board of education shall appoint and employ one or more truant officers ; in special, village and township districts the board of education shall appoint a constable or other person as truant officer. The compen- sation of the truant officer shall be fixed and paid by the board appointing him. The truant officer shall be vested with police powers, the authority to serve warrants, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and "do whatever may be necessary, in the way of investigation or otherwise, to enforce this act ; he is also authorized to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English lansfuasre, who is not at- COMPULSORY EDUCATION LAW. Report of principal and teachers. Proceedings in case of truancy; penalties. tending school, and shall conduct said youth to the school he has been attending, or which he should rightfully at- tend. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation violating any provisions of this act, and shall otherwise discharge the duties described in this act, and perform such other ser- vices as the superintendent of schools or the board of edu- cation may deem necessary to preserve the morals and secure the good conduct of school children, and to enforce this act. The truant officer shall keep a record of his trans- actions for the inspection and information of the super- intendent of the schools and the board of education ; and he shall make daily reports to the superintendent of schools during the school term in districts having superintendents, and to the clerk of the board of education in districts not having superintendents, as often as required by him. Suit- able blanks for the use of the truant officer shall be provided by the clerk of the board of education. Sec. 4022-6. It shall be the duty of all principals and teachers of all schools, public, private and paro- chial, to report to the clerk -of the board of education of the city, special, village or township district in which the schools are situated, the names, ages and residences of all pupils in attendance at their schools, together with such other facts as said clerk may require, in order to facilitate the carrying out of the provisions of this act, and the clerk shall furnish blanks for such purpose, and such report shall be made during the last week of each month from September to June inclusive of each year. It shall be the further duty of such principals and teachers to report to the truant officer, the superintendent of public schools, or the clerk of the board of education, all cases of truancy or incorrigibility in their respective schools as soon after these offenses have been committed as practicable. Sec. 402277. On the request of the superintendent of schools or the board of education, or when it otherwise comes to his notice, the truant officer shall examine into any case of truancy within his district, and warn the truant and his parents, guardian or other person in charge, in writing, of the final consequences of truancy if persisted in. When any child between the ages of- eight and fourteen years, or any child between the ages of fourteen and six- teen years who cannot read and write the English language or who is not regularly employed, is not attending school, in violation of the provisions of this act, the truant officer COMPULSORY EDUCATION LAW. shall notify the parent, guardian or other person in charge of such child, of the fact, and require such parent, guar- dian or other person in charge, to cause the child to attend some recognized school within two days from the date of the notice; and it shall be the duty of the parent, guar- dian or other person in charge of the child, so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint against the parent, guardian or other person in charge of the child, in any court of competent jurisdiction in the city, special, village or township district in which the offense occurs, for such failure, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may in its discretion, require the person so convicted to give a bond in the penal sum of one hundred dollars, with sureties to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within two days, thereafter and to remain at such school during the term prescribed by law ; and upon the failure or refusal of any such parent, guar- dian or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. Sec. 4022-8. If the parent, guardian or other person Proceedings in charge of any child shall, upon the complaint under the juvenile diV 1 r- r m m 1 orderly per- last section for a failure to cause the child to attend a sons, recognized school, prove inability to do so, then he or she shall be discharged, and thereupon the truant officer shall make complaint that the child is a juvenile disorderly per- son within the meaning of section 4022-4 of the Revised Statutes of Ohio. If such complaint be made before any mayor, justice of the peace, or police judge, it shall be certi- fied by such magistrate to the probate judge. The probate judge shall hear such complaint, and if he determine that the child is a juvenile disorderly person within the meaning of section 4022-4 of the Revised Statutes of Ohio, he shall Sec. 7. Under this section trial by jury is not authorized. The courts have discriminated between imprisonment as a direct penalty for an offense and imprisonment used as a means of enforcing the payment of a fine. (Inwood vs. State, 42 O. S. 186.) Section 12 of this law makes imprisonment a direct penalty for the offense, and hence provides for a trial by jury. 10 COMPULSORY EDUCATION LAW. commit the child if under ten years of age, and eligible for admission thereto, to a children's home, or if not eligible, then to a house of refuge if there be one in the county or to the boys' industrial school or the girls' industrial home, or to some other juvenile reformatory. No child oyer ten years of age shall be committed to a county children's home, and any child committed to a children's home, may on request of the trustees of such home and it being shown that it is vicious and incorrigible, be transferred by the pro- bate judge to the boys' industrial school or the girls' indus- trial home. A child committed to any juvenile reformatory under this section, shall not be detained there beyond the age of sixteen years and may be discharged sooner by the trustees under the restrictions applicable to other inmates. Any order of commitment to a juvenile reformatory may be suspended, in the discretion of the probate judge, for such time as the child may regularly attend school and properly conduct itself. The expense incurred in the trans- portation of a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, or the child discharged, or in which judgment is suspended, shall be paid by the county where the offense was com- mitted, after the manner provided in section 759 of the Revised Statutes of Ohio. Provided, further, that if for any cause the parent, guardian or other person in charge of any juvenile disorderly person as defined in section 4022-4 of the Revised Statutes of Ohio shall fail to cause such juvenile disorderly person to attend school, then complaint against such juvenile disorderly person shall be made, heard and determined in like manner as provided in case the parent proves inability to cause such juvenile disorderly per- son to attend school. Relief to en- Sec. 4022-9. When any truant officer is satisfied that attend school any child, compelled to attend school by the provisions of this act, is unable to attend school because absolutely re- quired to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for them- selves, the truant officer shall report the case to the author- ities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child, or its parents or guardian, required time. COMPULSORY EDUCATION LAW. 11 refuse or neglect to take advantage of the provisions thus made for its instruction, such child may be committed to a children's home or a juvenile reformatory, as provided for in section 4022-8 of the Revised Statutes of Ohio. In all cases where relief is necessary it shall be the duty of the board of education to furnish text books free of charge and said board may furnish any further relief it may deem necessary, the expenses incident to furnishing said books and relief to be paid from the contingent funds of the school district. Sec. 4022-10. The provisions of this act shall apply As to insti- to children' entitled under existing statutes, to attend school and dumb or .... . ... 111 « -•• «j • institution for at the institution for the deaf and dumb or the institution the blind. for the blind, so far as the same are properly enforcible. Truant officers shall, within sixty days after the passage of this act, and annually between the first day of July and the first day of August, report to the probate judge of their respective counties the names, ages, and residence of all such children between the ages of eight and eighteen years, with the names and postoffice address of their parents, guardians or the persons in charge of them ; also a statement whether the parents, guardians or person in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned. Upon informa- tion thus or otherwise obtained, the probate judge may fix a time when he will hear the question whether any such child shall be required to be sent for instruction to one of the state institutions mentioned, and he shall thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child before such judge at his office at the time fixed for the hearing ; and shall also issue an order on the parents, guardian or person in charge of the child to appear before him at such hearing, a copy of which order, in writing, shall be served personally on the proper person by the. truant officer or other person ordered to bring the child before the judge. If, on the hearing, the probate judge is satisfied that the child is not being properly educated at home, and will be benefited by attendance at one of the state institutions mentioned, and is a suitable person to receive instruction therein, he may send or commit such child to such institution. The cost of such hearing, and the transportation of the child to such institution shall be paid by the county after the manner provided, where a child is committed to a state reformatory 12 COMPULSORY EDUCATION LAW. Penalties. Jurisdiction. Violations by corporations. Disposition of fines collected. Employment of attorney; compensation. Repeated violations. under section 4022-8 of the Revised Statutes of Ohio ; pro- vided nothing in this section contained shall be construed to require the trustees of either of the state institutions men- tioned, to receive any child not a suitable subject to be received and instructed therein, under the laws, rules and regulations governing such institutions. Sec. 4022-11. Any officer, principal, teacher or other person mentioned in this act, neglecting to perform any duty imposed upon him by this act, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense. Any officer or agent of any corporation violating any provisions of this act, who participates or acquiesces in or is cognizant of such violation, shall be fined not less than twenty-five dollars nor more than fifty dollars. Any person who violates any provision of this act for which a penalty is not elsewhere in this act provided, shall be fined not more than fifty dollars. Mayors, justices of the peace, police judges, and probate judges shall have jurisdiction to try the offenses described in this act, and their judgment shall be final. When complaint is made, information filed, or indict- ment found against any corporation for violating this act, summons shall be served, appearance made, or plea entered, as provided in section 7231, Revised Statutes of Ohio, except that in complaints before magistrates, service shall be made by the constable. In all other, cases process shall be served, and proceedings had, as in cases of misdemeanor. In every case of complaint against a child involving commitment to any children's home or juvenile reformatory, the board of county visitors shall be notified and must attend and pro- tect the interest of the child on the hearing, as provided in section 633-18 of the Revised Statutes of Ohio; and the order of commitment of the child to a state reformatory must show that the county visitors were so notified and attended the hearing. All fines collected under the pro- visions of this act shall be paid into the funds of the school district in which the offense was committed. Boards of education are authorized to employ legal counsel to prose- cute any case arising under the provisions of this act when it shall deem the same necessary, and the services of such counsel shall be paid for from the contingent fund of the district. Sec. 4022-12. Every person who, after being once con- victed for violating any of the provisions of this act, shall be convicted of again violating any of the provisions of this act, may, in addition to the punishment by way of a COMPULSORY EDUCATION LAW. 13 Sufficient school accom- modations to be provided. Costs in prosecutions under this act. fine elsewhere provided for, be imprisoned not less than ten days no-r more than thirty days. On complaint, before a mayor, justice of 'the peace, or police judge of a second violation of this act involving punishment by imprisonment, if a trial by jury be not waived, a jury shall be chosen and the case tried, after the manner provided in section 3718a, of the Revised Statutes of Ohio. Sec. 4022-13. It is hereby made the duty of every board of education in this state to provide sufficient accom- modations in the public schools for all children in their district -compelled to attend the -public schools under the provisions of this act. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law. Sec. 4022-14. No person or officer instituting pro- ceedings under this act shall be required to advance, or give security for costs ; and if a defendant is acquitted or discharged, or if convicted and committed to jail in default of payment of fine and costs, the justice, mayor, police judge or probate judge, before whom such case was brought shall certify such costs to the county auditor, who shall examine and, if necessary, correct the account, and issue his war- rant to the county treasurer in favor of the respective per- sons to whom such costs are due for the amount due to each. Section 2. That said original sections 4022-1, 4022-2, Repeals, etc. 4022-3, 4022-4, 4022-5, 4022-6, 4022-7, 4022-8, 4022-9, 4022-10, 4022-11,-4022-12, 4022-13, 4022-14, 4025, 4027 and 4029 of the Revised Statutes of Ohio, be and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. W. S. McKinnon, ' Speaker of the House of Representatives. F. B. Archer, President of the Senate. Passed May 12, 1902. 427G 14 COMPULSORY EDUCATION LAW Employment of Minors. Offenses against public policy: Provisions governing employment of minors. Unlawful employment of minors. Night em- ployment. [House Bill No. 406.] AN ACT To amend sections 4364-66, 6986-7, and 6986-8 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: Section i. That sections 4364-66, 6986-7, and 6986-8 of the Revised Statutes of Ohio be amended so as to read as follows: (Sec. 4364-66). That no person, company or corpora- tion, as aforesaid, shall give employment to any minor, without agreeing with said minor what wages or compen- sation he or she shall be entitled to receive per day, week, month or year or per piece for work performed ; and writ- ten evidence of such agreement shall be furnished to such minor, and on or before each pay day a statement of earn- ings due, and the amount thereof to be paid to him or her on such pay day shall be given to such minor, and no sub- sequent change shall be made in the wages or compen- sation of such minor without notice of the same being given to him or her at least twenty-four hours previous to its going into effect, and when such change is effected writ- ten agreement shall be given as in the first instance to said minor employe. Sec. 6986-7. No child under the age of fourteen years shall be employed in any factory, workshop, mercantile or other establishment, directly or indirectly at any time ; and no such child under said age shall be employed in any other manner, whether it be for compensation or other- wise, when the public schools in which district such child resides are in session. It shall be the duty of every person employing minors under the age of eighteen years to keep a register in which shall be recorded the name, birthplace, age and place of residence of every minor employed by him under the age of eighteen years. (Sec. 6986-8). No boy under sixteen years of age and no girl under eighteen years of age, shall be employed at any work at night time later than seven o'clock in the evening nor earlier than six o'clock in the morning, and COMPULSORY EDUCATION LAW. 15 no minor under eighteen years of age shall be employed Number of * J & r J hours of em- in any of the places named in section 6986-7 of the Re- pioyment; vised Statutes of Ohio for a longer period than ten hours in one day, nor more than fifty-five hours in one week; and every such minor under eighteen years of age shall be entitled to no less than thirty minutes for meal time at noon, but such meal time shall not be included as part of the work hours of the day ; and every employer shall post Notice sposted , . 1 1 • by employers. in a conspicuous place m every room where such minors are employed a printed notice stating the maximum num- ber of work hours required in one week, and in each day •of the week from such minors, such printed notice to be furnished by the chief inspector of workshops and factories, and approved by the attorney general. Section 2. That said original sections 4364-66, 6986-7 Repeals, etc. and 6986-8 of the Revised Statutes of Ohio be and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. W. S. McKinnon, Speaker of the House of Representatives. F. B. Archer, President of the Senate. Passed May 12, 1902. 414G ±6 COMPULSORY EDUCATION LAW. FORMS. NOTICE TO PARENT OR GUARDIAN. State of Ohio, County, ss.: To You are hereby notified that , a child between the ages of and years, under your charge, is not attending school, that such non- attendance is in direct violation of the law and without legal excuse. You are hereby required to cause said child to attend some recognized school! within two days from the date of this notice, and you are warned that if the truancy of said child is persisted in the final consequence will be as provided, by law, as indorsed hereon. Witness my hand this day of , 19. .. Truant Officer. school district county, Ohio. Print sections 4022-7 and 6986-7., R. S.; on reverse side of form. NOTICE TO TRUANT. State of Ohio, County', ss.: To , a child between the ages of and years. You are hereby notified that you are and will be required to attend some- recognized school within two days from the date of this' notice, and you are hereby warned that if this notice is not complied with the final consequences will - be as provided by law as indorsed hereon. Witness my hand this day of . , 19. .. Truant Officer. school district county, Ohio. Print section 4022-8 in full on reverse side of form. NOTICE TO EMPLOYERS OF YOUTH. To [Here insert name of person, company or corporation] : Your attention is respectfully called to sections 4022-2, 4022-3, 4022-5 and' 4022-11, 6986-7, R. S. , to compel the elementary education of children. In compliance with the provisions of this act, you are requested to return to me on this blank the names, ages, and add residences of all minors under fourteen years of age employed by you, also all minors between fourteen and sixteen years of age, and to state whether you have a certificate from the superintendent of schools, or clerk of the board of education that authorizes you to employ sucht minors. Clerk of Board of Education. COMPULSORY EDUCATION LAW. 17 Names of Minors. 1 Age. | Residence. Certificate — Yes or No. • 1 1 In cities this notice may be signed by the superintendent of schools. This certificate must be kept on file until the youth reaches the age of sixteen years and must be accessible to the Truant Officer and the Inspector of Factories at all times. AGE AND SCHOOLING CERTIFICATE. (For minors under sixteen years of age. Employed at labor.) Law of 1902. This certifies that I am the of (Parent or guardian) (Name of child) that was born at in the county of , State of and on the day of , 18. . , and 1 is nOw years months old. (Name of parent or guardian) The said having satisfactorily verified the fore- (Name of parent or guardian) going statement I hereby approve the above certificate of ; (Name of child) height .... feet .... inches; complexion ; hair ; having no sufficient reason to doubt that .... is of the age therein certified. I hereby certify that can read at sight and write legibly (Name of child)! simple sentences in the English language. This certificate belongs to | and is to be surrendered to .... (Name of qhild) whenever .... leaves the services of the person, company or corporation holding the same; but if not claimed by said child within thirty days from such time, it shall be returned to the Superintendent of Schools. Signature , 190— Snpt. of Schools. 18 COMPULSORY EDUCATION LAW. fcg O Pi n g o III fa CO o H P< O a, W o > > •g a >- ■3-sj o .a B«« a o o o CJ § ■8 jj >, D E . 03 Q > cd *5 * C 0) a - o a •r! * OS'S cj a •fl M 0) to li bo