h— It H \°[\£ LIBRARY OF CONGRESS • 029 487 026 A Hollinger Corp. P H8.5 i°il5 AN ACT To Require School Attendance Compulsory Education can be secured and enforced in any school district only through the co-operation of trustees, teachers, patrons, pupils and taxpayers. The local option provisions of this law are contained in Section 9. In any district petitioning for compulsory attendance, the election must be held on the second Tuesday in June of any year — June 8th, 1915. ISSUED BY The State Department of Education COLUMBIA, S. C. 1915 40 '^7^ Q) THE R. L. BRYAN COMPANY COLUMBIA, S. C. 1915. 0* of D. rvPR 22 1918 \ Important Features of the Law 1. The adoption of compulsory attendance in any district depends abso- lutely upon the co-operation of the people. This law simply means that all children between the ages of six and twenty-one years have the right to attend the local school of their district. But in districts adopting the provisions of this Act, children between the ages of eight and fourteen years will be required to attend four months in the country and the full term in town. Pupils under eight and above fourteen will not be affected. (Section 1.) 2. Three methods of adopting the law are authorized : a. Upon petition of a majority of the qualified electors residing in the district. b. Upon election after petition by one-fourth of the qualified electors residing in any district. c. Upon election after petition by a majority of the Board of Trustees of any district containing an incorporated town of fifteen hundred inhabit- ants. (Section 9.) Elections shall be held upon the order of the County Board of Education on the second Tuesday in June. Petition blanks may be had on application either from the State Superintendent or from the County Superintendent. 3. Every district already voting a local school tax under Section 1742 of the Code will have no difficulty in adopting and enforcing compulsory attendance under this Act. On June 30, 1914, there were 1,887 school dis- tricts in the State. Of these, 1,358 had voted a local school levy. Every local tax district should circulate its compulsory attendance peti- tion at once, should hold its election on the second Tuesday in June, and should put every child in school during 1915-16. 4. There remain 529 districts which have neglected or refused to vote a local school tax. Some of these do not need additional money, but nearly every one needs greater interest in education. Some two score of these districts without a local tax have voted in favor of an extra levy since July 1st. At least one hundred new levies will certainly be voted during the scholastic year 1914-15. The trustees and teachers in these 529 districts now have a double opportunity to ask for a local tax and for compulsory attendance. The Legislature in enacting this law has also made liberal appropria- tions for the public schools. A fair chance and a free field are thus offered to every locality. Every progressive district is urged to take advantage of the law. Respectfully, J. E. SWEARINGEN, State Supt. of Education. SINKLER- HAWKINS BILL An Act to Require School Attendance Section 1. Be it enacted by the General Assembly of the State of South Carolina, That from and after the first day of July, one thousand nine hundred and fifteen, every parent, guardian, or other person, temporarily or permanently residing in the State of South Carolina, having charge or control of a child or children between the ages of eight and fourteen years, shall cause such child or children to attend the local public school in the district in which he resides, continuously for the entire school term of each year, except as hereinafter provided. This period of com- pulsory attendance shall commence at the beginning of the school term nearest to the eighth birthday of such child, and shall cover the compulsory period of six consecutive schooly ears thereafter. This period of compulsory attendance for each, public school shall commence at the beginning of the school term of said school, unless otherwise ordered by the County Board of Educa- tion in writing; in case of town or cities of two thousand or more inhabitants, according to the preceding Federal census, by the Board of Trustees of the public schools of said towns or cities with the approval in writing of the County Superintendent of Education. Continuous attendance upon some other public school, or upon some private or church school taught by com- petent teachers, may be accepted in lieu of attendance upon the local public school : Provided, That such period of continuous attendance upon such other school shall be for at least as long as the public school term each year : Provided, further, That any private school or church school receiving for instruction pupils between the ages of eight and fourteen years shall be required to keep such records of attendance of such children, and to render such reports of same as are hereinafter required of public schools, and attendance upon such school refusing or neglecting to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the local public school of the said town, city or district where the child shall be entitled to attend: Provided, further, That the compulsory school term in all agri- cultural districts shall be four months, or the full term if the school runs less than four months, said term to be fixed by the Board of Trustees of such district ; and any child or children not engaged in work at home in such agricultural districts, must attend a full term. This four months' compulsory provision shall also apply to all children residing in agricultural districts and attending schools in any town located in such districts. § 2. This Act shall not apply in any case in which the child's physical or mental condition, as attested by any legally qualified physician before the Board of Trustees having jurisdiction of the matter under this Act, renders his attendance impracticable or inexpedient; or in any case in which the child resides two and one-half miles or more by the nearest traveled route from the schoolhouse ; or in any case in which, because of extreme poverty, the services of such child are necessary for his own support or the support of his parents, as attested by affidavit of such parents and of such witnesses as the Trustees of the district may require; or in any case in which said parent, guardian, or other person having charge or control of the child shall show before the Trustees of the district by affidavit of himself and of such witnesses as they may require that the child is without necessary books and clothing for attending school, and that he is unable to provide the necessary books and clothing: Provided, That when books and clothes shall have been supplied by any means whatsoever, the child shall no longer be exempt from this pro- vision : Provided, further, That if the child lives two and one-half miles or more from the schoolhouse, and means of transportation is furnished, the said child, if otherwise eligible, shall be required to attend the said school under the provisions hereof, and it shall be the duty of the Trustees of the school to provide, out of the public school funds, books for the use of such indigent pupil free of charge. The power of the Board of Trustees to suspend or expel any pupil shall not be curtailed by this Act, and children so suspended or expelled shall not be subject to the provisions of this Act during such period of suspension or expulsion: And, provided, further, That the Board of Trustees of any school district may excuse temporarily any child from attendance, good and sufficient reasons being made to appear therefor; and in case any child is excused temporarily under the provisions of this Act, the said Board of Trustees shall reduce to writing the rea- sons for their action, and the time the said child is excused. § 3. Every parent, guardian, or other person in the State of South Carolina having charge or control of a child or children between the ages of eight and fourteen years shall ' cause such 8 child to attend school as aforesaid: Provided, That occasional absence from attendance by said child, amounting to not more than four (4) unexcused absences in four consecutive weeks, shall not be unlawful : Provided, further, That the superintendent, principal, or teacher in charge of any school may excuse any child for a temporary absence because of unusual storm, or bad weather, sickness or death in the child's family, unforeseen or unavoidable accident, and such excuse and reason therefor shall be recorded by said superintendent, principal, or teacher in charge of the school, and reported to the Trustees as hereinafter provided : Provided, further, That in case of protracted illness of any child whose attendance is required under this Act, or in case of quarantine of the home in which the child resides, upon report of the health officer or upon satisfactory evidence to this effect, the Trustees shall excuse from attendance such child until he is fully restored to health, or until the expiration of the time required by law that he shall stay out of school after quarantine has been raised. § 4. Every parent, guardian, or other person in the State of South Carolina having charge or control of a child between the ages of fourteen and sixteen years, who is not actually, regularly and lawfully engaged in some useful employment or service or who cannot read at sight and write legible simple sentences in the English language, shall cause such child to attend regularly some public school as aforesaid. § 5. Any parent, guardian, or other person violating the pro- visions of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be liable to a fine of not less than two dollars for the first offense, and not less than five dollars for any subse- quent offense, nor more than twenty-five dollars in any case; and upon failure or refusal to pay said fine said parent, guardian, or other person shall be imprisoned not to exceed thirty days in the county jail : Provided, That the fine for any first offense may, by order of Court, upon the payment of cost, be suspended and not collected until the same party is convicted of a second offense : Provided, further, That after the expiration of three days from the service of the notice by the Trustees each and every day a parent, guardian, or other person shall wilfully and unlaw- fully keep such child or children from school, or allow him to remain out of school, shall constitute a separate offense, and shall subject such person to the penalties hereinafter prescribed. 9 § 6. The following duties are hereby devolved upon the Board of Trustees of each school district. They shall take the census of children between the ages of six and twenty-one years, and shall keep the attendance records of their districts. It shall be their duty to take an annual school census during the calendar months of July and August, and to furnish each superintendent, principal, or teacher in charge of a school with an accurate report of said census of the district three days before the opening of the school, and also to furnish at the same time a copy of the said school census of each district to the County Superintendent of Education: Provided, That in case the school census is not taken as herein directed, it shall be the duty of the County Board of Education so to do, and to meet the expense out of the funds of the district. The Board of Trustees shall serve written, or printed, or partly written and partly printed notices on every parent, guardian, or other person violating the provisions of this Act, and prompt compliance on the part of said parent, guardian, or other person is hereby required. Prosecution under this Act shall be brought in the name of the State of South Carolina before any Magistrate or Recorder of any Municipal Court within the limits of whose territorial jurisdiction the person prosecuted resides. The Board of Trustees shall have the right to visit and enter any office or factory or business house employing children for the purpose of ascertaining the names and ages of the children employed, to facilitate the enforcement of this Act. When doubt exists as to the age of a child, they may require of the employer a properly attested birth certificate or an affidavit stating said child's age; they shall keep an accurate account of all notices served, of cases prosecuted, and of all other services performed, and shall make an annual report of same on or before July 15th of each year to the County Superintendent of Education: Provided, further, That the Board of Trustees of each school district is hereby vested with authority to employ a clerk or clerks whose compensation shall not exceed three cents per capita for obtaining a census for each school district for each school term. § 7. It shall be the duty of all superintendents, principals, and teachers to co-operate with the Board of Trustees in the enforce- ment of the law ; to this end it shall be the duty of the superin- tendent, principal, or teacher in charge of any school in which pupils between the ages of eight and fourteen years are instructed, 10 to keep an accurate record of the attendance of such pupils, to render during the period of compulsory attendance of each school term monthly reports of same to the Board of Trustees and the County Superintendent of Education, showing all absences, excused and unexcused, and in case of each excused absence, stating the reason therefor. Upon the wilful or negligent failure of any superintendent, principal, or teacher in charge of any school to comply with the provisions of this section, the County Superintendent of Education shall deduct from his or her salary for the current month the sum of five dollars before approving the voucher therefor ; and in case of a second offense on the part of any superintendent, principal, or teacher, the County Super- intendent of Education is hereby forbidden to approve the salary warrant of said Board, who may appeal from such action to the County Board of Education, and the decision of the said County Board of Education shall be final. § 8. It shall be the duty of the County Board of Education of each county to cause this Act to be published in full in some newspaper published in the county, if there is one, and if there is none, in circular form, and given the widest possible circulation at least four weeks prior to the opening of the schools for the school year, beginning July first, one thousand nine hundred and fifteen, and annually thereafter, if in their discretion it seems necessary. The Board of Trustees of any district, city or town shall give two weeks' public notice of the date of opening of any school under their jurisdiction by publishing said notice in a county newspaper or by posting said notice on the school- house door. § 9. The notice of any Board of Trustees giving the date of opening of any school or schools shall also state the proposed length of the term as nearly as practicable, and a copy signed by at least a majority of the Board of Trustees shall be filed at the date of issuance in the office of the County Superintendent of Education. In any district, aggregation of adjoining districts, this Act shall not take effect and become operative until, and unless, a petition signed by a majority of the qualified electors of such district, aggregation of districts, requesting the com- pulsory school attendance under this Act be authorized in such territory, shall have been submitted to the Clerk of Court. The said Clerk of Court shall examine such petition with especial reference to the legibility of the names contained thereon, and 11 after examination shall refer such petition to the County Board of Registration. Along with the petition the Clerk of Court shall send his written statement showing that he has counted the names thereon and has found them to be so many (giving the number). Immediately upon receipt of the petition and the statement of the Clerk of Court, the County Board of Registra- tion shall check such petition against the registration books of the county or of such number thereof as may be affected, and the said County Board of Registration shall certify its findings in writing to the County Superintendent of Education. Upon receipt of such certificate showing that such petition bears the signatures of a majority of the qualified voters of the territory affected, the County Board of Education shall forthwith declare the provisions of this Act of full force and effect in such territory. If such petition for any district, or aggregation of districts, is filed with the Clerk of Court, checked by the County Board of Registration, and certified to the County Superintendent of Edu- cation after the opening of any school or schools, the County Board of Education may fix the date for the beginning of the compulsory school attendance for that year; or the said County Board of Education may order such compulsory school attend- ance to begin at the opening of the next succeeding scholastic year. That where no such petition is filed, signed by a majority of the electors as herein provided, upon the filing of a petition signed by one-fourth of the qualified electors of such district, or aggregation of districts, an election shall be ordered by the County Board of Education, submitting to the qualified electors of such district, or aggregation of districts, the question of com- pulsory school attendance or no compulsory school attendance for said district, or aggregation of districts : Provided, further, That the County Board of Education, in all school districts con- taining a town of a population of 1,500 or more inhabitants, upon the petition of a majority of the Board of Trustees shall order such election. The said election shall be held at the schoolhouse, or schoolhouses, for white children, in the said district, or aggre- gation of districts. The managers shall be appointed by the Board of Trustees of each district, and the said election shall be con- ducted in accordance with the rules governing general elections. The County Board of Education shall supply printed ballots, as follows: "Compulsory school attendance accepted;" "Compulsory school attendance rejected," and if the majority vote in the said 12 LIBRARY OF CONGRESS 029 487 026 P election "Compulsory school attendance accepted," then the provisions of this Act shall apply to the said district, or aggrega- tion of districts. The said election shall be held on the second Tuesday in June, one thousand nine hundred and fifteen, follow- ing the filing of the said petition, or on the second Tuesday in June of any subsequent year. Any district omitting, failing, or refusing to accept compulsory school attendance as herein pro- vided, either by petition or by election, may adopt the provisions of this Act in, any subsequent year, either by petition or by election as hereinabove provided. § 10. The Board of Education of each county, and in case of towns and cities of two thousand inhabitants, the Board of- Trustees therein shall have power at any meeting to make such rules and regulations not in conflict with the provisions hereof, as they may deem best with reference to the time, place and hours for school attendance so as to secure the attendance of all children between the ages of eight and fourteen years upon the schools of the county as herein provided, and such rules and regulations, when approved by the County Superintendent of Education, and posted at the courthouse door and at the door of each public schoolhouse in the territory affected thereby, shall have the force of law until, and unless, they have been revoked on appeal by the State Board of Education. The operation of such rules and regulations may be suspended by the State Super- intendent of Education during the pendency of such appeal. § 11. No tuition, contingent, matriculation, incidental, or other fee of any kind shall be charged or collected for the attendance of any pupil upon any school in the common or public school department residing in this State adopting the provisions of this Act. § 12. The County Board of Education shall have full power and authority to remove from office any Trustee, or Board of Trustees, neglecting, refusing, or omitting to carry out the pro- visions of this Act, and to fill the vacancy thereby created on said Board in accordance with existing law. § 13. This Act shall be in full force and effect from and after the first day of July, one thousand nine hundred and fifteen. All Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed. Approved the 20th day of February, A. D. 1915.