//// ' liYersity o! the State ol New York Bulletin Entered as second-class matter August 2, ipn, at the Past Offl:e at Albany .N. Y., under the actof August 24, 1913 Published fortnightly No. 646. i ALBANY, N. Y. September i, 191 7 Attendance Division fl,---.-, ^ "27 COMPULSORY EDUCATION Article 23 oj the Education Law {L. 1910, cli. 140, as amended hy L. 1911, ch. 710; L. 1913, clis. 101, 511, 748 and L. 1917, ch. 563.) COMPULSORY EDUCATION Section G20 Instruction required 621 Required attendance upon instruction 622 When a boy is required to attend evening school 623 Instruction elsewhere than at a public school 624 Duties of persons in paternal^ relation to children 625 Penalty for failure to perform paternaP duty 626 Unlawful employment of children and penalty therefor 627 Employer must display record certificate and even- ing, part-time or continuation school certificate 628 Punishment for unlawful employment of children 629 Teachers must keep record of attendance 630 School record certificate 631 Evening, part-time or continuation school certificate 632 Attendance ofiicers 633 Arrest of truants 634 Interference with attendance officers 635 Truant schools 636 Enforcement of law and withholding the State moneys by Commissioner of Education § 620 Instruction required. The instruction required under this article shall be: 1 At a public school in which at least the six common school branches of reading, spelling, writing, arithmetic, English lan- guage and geography are taught in English. 1 So in original. C14r-Agl 7-5000 ( 7-9405 ; Monograph 2 2 Elsewhere than a public school upon instruction in the same subjects taught in English by a competent teacher. § 621 Required attendance upon instruction. 1 Every child within the compulsory school ages, in proper physical and mental condition to attend school, residing in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall regularly attend upon instruc- tion as follows: X Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred and eighty days of actual school. b Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. [Sub- division amended hy L. 1917, ch. 563.] 2 Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employ- ing a superintendent of schools, shall attend upon instruction during the entire time that the school in the district shall be in session, as follows: a Each child between eight and fourteen years of age. b Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service. [Subdivision amended by L. 1913, ch. 511.] 3 The provisions of this section are intended to include all blind children, except such as may receive appointments under the provisions of article thirty-eight of this chapter. [Amended by^ L. 1911, ch. 710.] § 622 When a boy is required to attend evening school, l Every boy between fourteen and sixteen years of age, in a city of the first class nr a city of the second class in possession of an pmplov- ment certificate duly issued under the provisions of the labor law^ who has not completed such course of study as is required for graduation from the elementary public schools of such city, and who does not hold either a certificate of graduation from the public elementary school or the preacademic certificate issued by the Regents or the certificate of the completion of an elementary ■ 1 course issued by the Education Department, shall attend the public evening schools of such city, or other evening schools offering an equivalent course of instruction, for not less than six hours each week, for a period of not less than sixteen weeks, 2 When the board of education in a city or district shall have established part-time and continuation schools or courses of instruc- tion for the education of young persons between fourteen and sixteen years of age who are regularly employed in such city or district, said board of education may require the attendance in euch schools or on such courses of instruction of any young per- son in such a city or district who is in possession of an employ- ment certificate duly issued under the provisions of the labor law, who has not completed such courses of study as are required for graduation from the elementary public schools of such city or district or equivalent courses of study in parochial or other ele- mentary schools, who does not hold either a certificate of gradua- tion from the public elementary school or a preacademic certifi- cate of the completion of the elementary course issued by the Education Department, and who is not otherwise receiving instruction approved by the board of education as equivalent to that provided for in the schools and courses of instruction estab- lished under the provisions of this act. The required attendance provided for in this paragraph shall be for a total of not less than thirty-six weeks per year, at the rate of not less than four and not more than eight hours per week, and shall be between the hours of eight o'clock in the morning and five o'clock in the afternoon of any working day or days. 3 The children attending such part-time or continuation schools as required in paragraph two of this section shall be exempt from the attendance on evening schools required in paragraph one of this section. [Amended by L. 1913, ch. 748.] § 623 Instruction elsewhere than at a public school. If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to the instruction given children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours each day thereof as are required of children of like age at public schools; and no greater total amount of holidays or vacations shall be deducted from such attendance during the period such attendance is required than is allowed iu such, public school to children of like age. Occasional absences from such attendance, not amount- ing to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public school. If a child required to attend upon instruction as provided in this article does not attend at a public, private or parochial school maintained in the city or district in which the parent or guardian of said child resides, such parent or guardian shall upon request furnish satisfactory proof to the local school authorities of said city or district that said child or ward is attending upon lawful instruction elsewhere. [Ajnended hy L. 1917, cli. 5G3.] § 624 Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon instruction, as follows : 1 In cities and school districts having a population of five thou- sand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regu- larly employed thereunder. 2 Elsewhere than in a city or school district having a popula- tion of five thousand or above, every child between eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or trans- mission of merchandise or messages. § 025 Penalty for failure to perform parental duty. A viola- tion of section six hundred and twenty-four shall be a misde- meanor, punishable for the first offense by a fine not exceeding five dollars, or five days' imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonmeat; Courts of special session and police magistrates shall, subject to removal as provided in sections fifty-seven and fifty-eight of tke Code of Criminal Procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations oi this section within their respective jurisdictions, § 626 Unlawful employment of children and penalty theref®r. It shall be unlawful for any person, firm or corporation : 1 To employe^ any child under fourteen years of age, in any business or service whatever, for any part of the term during which the public schools of the district or city in which the ckiM resides are in session. 2 To employ, elsewhere than in a city of the first class or a city of the second class, in a factory or mercantile establishmenLtj business or telegraph ofiice, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messageSj any child between fourteen and sixteen years of age who does n®l at the time of such employment present sm employment certiS^- cate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at tke time of such employment present a school record certificate as provided in section six hundred and thirty of this chapter. 3 To employ any child between fourteen and sixteen years of age in a city of the first class or a city of the second class who does not, at the time of such employment, present an employmeal certificate, duly issued under the provisions of the labor law. § 627 Employer must display record certificate and evening, part- time or continuation school certificate. The employer of any chiM between fourteen and sixteen years of age in a city or district shall keep and shall display in the place where such child is employed, the employment certificate and also his evening, part- time or continuation school certificate issued by the school author- ities of said city or district or by an authorized representative of such school authorities, certifying that the said child is regularly in attendance at an evening, part-time or continuation school of said city as provided in section six hundred and thirty-one of this chapter. [Amended hy L. 1913, ch. 748.] § 628 Punishment for unlawful employment of children. Any person, firm, or corporation, or any officer, manager, superintend- ent or employee acting therefor, who shall employ any child con- ^ So in original. G . trary to the provisions of sections six hundred and twenty-six and six hundred and twenty-seven hereof, shall be guilty of a mis- demeanor and the punishment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars ; for a second and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. [Amended by L. 1913, ch. 748.] § 629 Teachers must keep record of attendance. An accurate record of the attendance of all children between seven and six- teen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance officers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors, or other persons, and a wilful neglect or -refusal so to answer any such inquiry shall be a misdemeanor. § 630 School record certificate, i A school record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application for such school record, and has completed the work in reading, writ- ing, spelling, arithmetic, English language and geography, in English, prescribed for the first six years of the public elementary school or parochial school or school of equal rank maintaining an equivalent course of study in which the branches specified in subdivision one of section six himdred and twenty of this chapter are taught in English. Such record shall also give the date of birth and residence of the child, as shown on the school records, and the name of the child's parents, guardian or custodian. Such school record certificate shall be in the form prescribed or approved by the Commissioner of Education. No school record certificate shall be issued to any child under fifteen years of age for the purpose of obtaining an employment certificate, unless such child at the age of fourteen is a graduate of a public elementary school or parochial school or a school of equal rank maintaining an equivalent course of study in which the branches specified in subdivision one of section six hundred and twenty of this chapter are taught in English ; or holds a pre- academic certificate issued by the Regents, or a certificate of the completion of an elementary course issued by the State Educa- tion Department. [Amended hy L. 1913, ch. 101, and L. 1917, ch. 563.] 2 A teacher or superintendent to whom application shall be made for a school record certificate required under the provisions of the labor law shall issue a school record certificate to any child who, after due investigation and examination, may be found to be entitled to the same as follows : a In a city of the first class by the principal or chief executive of a school. h In all other cities and in school districts having a population of five thousand or more and employing a superintendent of schools, by the superintendent of schools only. c In all other school districts by the principal teacher of the school. d In each city or school district such certificate shall be fur- nished on demand to a child entitled thereto or to the board or commissioner of health. § 631 Evening, part-time or continuation school certificate. The school authorities in a city or district, or officers designated by them, are hereby required to issue to each child lawfully in attend- ance at an evening, part-time or continuation school, an eve- ning, part-time or continuation school certificate at least once in each month during the months said evening, part-time or con- tinuation school is in session and at the close of the term of said evening, part-time or continuation school, provided that said child has been in attendance upon said evening school, for not less than six hours each week or upon said part-time or con- tinuation school for not less than four hours each week, for such number of weeks as will, when taken in connection with the number of weeks such evening, part-time or continuation school respectively, shall be in session during the remainder of the cur- rent or calendar year, make up a total attendance on the part of said child in said evening school, of not less than six hours per week for a period of not less than sixteen weeks or in said part- time or continuation school, of not less than four hours per week 8 ■ for a period of not less than thirty-six weeks. Such certificate shall state fully the period of time which the child to whom it is issued was in attendance upon such evening, part-time or con- tinuation school. [Amended by L. 1913, ch. 748.] § G32 Attendance officers. 1 The common authorities of each city, union free school district, or common school district whose limits include in whole or in part an incorporated village, shall appoint and may remove at pleasure one or more attendance officers of such city or district, and shall fix their compensation and -may prescribe their duties not inconsistent with this article and makes rules and regulations for the performance thereof ; and the superintendent of schools shall supervise the enforcement of this article within such city or school district. 2 The town board of each town shall appoint, subject to the written approval of the school commissioner of the district, one or more attendance officers, whose jurisdiction shall extend over all school districts in said to^vny and which are not by this section otherwise provided for, and shall fix their compensation, which shall be a town charge ; and such attendance officers, appointed by said board, shall be removable at the pleasure of the school com- missioner in whose commissioner district such town is situated. Note. — Under the provisions of the township law (Laws of 1917, ch. 328), the town board of education of each town and town school unit is authorized and empowered to appoint an attend- ance officer or officers for the territory subject to the jurisdiction of the board, and to fix the compensation of such officer.^, which is payable by the board making the appointment. Suob provisions supersede subdivision 2 of this section. § G33 Arrest of truants. 1 The attendance officer may arrest without a warrant any child between seven and sixteen years of age who is a truant from instruction upon which he is lawfully required to attend within the city or district of such attendance officer. He shall forthwith deliver the child so arrested to a teacher from whom such child is then a truant, or, in case of habitual and incorrigible truants, shall bring them before a police magistrate for commitment to a truant school as provided in sec- tion six hundred and thirty-five. 2 The attendance officer shall promptly report such arrest and the disposition which he makes of such child, to the school author- ities of the said city or district where such child is lawfully required to attend upon instruction. 3 A truant officer in the performance of his duties may enter, during business hours, any factory, mercantile or other establish- ment within the city or school district in which he is appointed 9 and shall be entitled to examine employment certificates or reg- istry of children employed therein on demand. § 634 Interference with attendance oflicer. Any person inter- fering with an attendance officer in the lawful discharge of his duties and any person owning or operating a factory, mercantile or other establishment who shall refuse on demand to exhibit to such attendance ofiicer the registry of the children employed or the employment certificate of such children shall be guilty of a misdemeanor. § 635 Truant schools, i The school authorities of any city or school district may establish schools, or set apart separate rooms in public school buildings, for children between seven and six- teen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordi- nate or disorderly during their attendance upon such instruction, or irregular in such- attendance, iSuch school or room shall be known as a truant school; but no person convicted of crimes or misdemeanors other than truancy, shall be committed thereto. 2 School authorities may provide for the confinement, main- tenance and instruction of any child who is an habitual truant from instruction upon which he is lawfully required to attend, or is insubordinate or disorderly during attendance upon such instruction, or is irregular in such attendance in such schools; and they or the superintendent of schools in any city or school district, may, after reasonable notice to such child and the per- sons in parental relation to such child, and an opportunity for them to be heard, and with the consent in writing of the per- sons in parental relation to such child, order such child to attend such school, or to be confined and maintained* therein, under such rules and regulations as such authorities may pre- scribe, for a period not exceeding two years; but in no case shall a child be so confined after he is sixteen years of age. [Subdivi- sion amended hy L. 1917. ch. 563.] 3 Such authorities may order such a child to be confined and maintained during such period in any private school, orphans' home or similar institution controlled by persons of the same religious faith as the persons in parental relation to such child> and which is willing and able to receive, confine and maintain such child, upon such terms as to compensation as may be agreed upon between such authorities and such private school, orphans' home or similar institution. 10 4: If the person in parental relation to such child shall not consent to either of such orders said persons shall be proceeded against in court under section six hundred and twenty-five of this chapter by the school authorities or such officer as they may desig- nate. In case the person in parental relation to such child estab- lishes to the satisfaction of the court that such child is beyond his control such child shall be proceeded against as a disorderly person, and upon conviction thereof, if the child was lawfully required to attend a public school, the child shall be sentenced to be confined and maintained in such truant school for a period not exceeding two years; or if such child was lawfully required to attend upon instruction otherwise than at a public school, the child may be sentenced to be confined and maintained for a period not exceeding two years in such private school, orphans' home or other similar institutions, if there be one, controlled by persons of the same religious faith as the persons in parental relation to such child, which is willing and able to receive, confine and main- tain such child for a reasonable compensation. Such confinement shall be conducted with a view to the improvement and to the restoration, as soon as practicable, of such child to the institution elsewhere, upon which he may be lawfully required to attend. 4-a An habitual truant and a child who, being subject to the provisions of this article, has been lawfully suspended or expelled fropi school, and is not receiving equivalent instruction elsewhere, as provided by section six hundred and twenty-three of this chap- ter, are hereby declared to be ungovernable children. Any such child may be apprehended by a truant officer of the school district or city where the child resides, or by any peace officer, and brought .before a police magistrate having jurisdiction. Xotice shall thereupon be given to the child's parent, guardian, or other person standing in parental relation to the child, and upon the submission of satisfactory proof that the child is an habitual truant or that, being subject to this article, he has been lawfully suspended or expelled from school and is not receiving instruction elsewhere, the magistrate may commit such child to a truant school maintained by such district or city, or, if no such truant school is maintained, to a private school, orphans' home or other similar institution if there be one, controlled by persons of the same religious faith as the persons in parental relation to such child, which is willing and able to receive, confine and maintain such child for a reasonable compensation. [Subdivision added hy L. 1917, ch. 563.'] 11 5 The authorities committing any such child, and in cities and districts having a superintendent of schools such superintendent shall have authority, in his discretion, to parole at any time any truant so committed by them. 6 Every child lawfully suspended from attendance upon instruction for more than one week, shall be required to attend such truant school during the period of such suspension. 7 The school authorities of any city or school district, not having a truant school, may contract with any other city or dis- trict having a truant school, for the confinement, maintenance and instruction therein of children whom such school authorities might require to attend a truant school, if there were one in their own city or district. 8 Industrial training shall be furnished in every such truant school. 9 The expense attending the commitment and cost of mainte- nance of any truant residing in any city, or district, employing a superintendent of schools shall be a charge against such city, or district, and in all other cases shall be a county charge. § 636 Enforcement of law and withholding the State moneys by Commissioner of Education. 1 The Commissioner of Education shall supervise the enforcement of this law and he may withhold one half of all public school moneys from any city or district, which, in his judgment, wilfully omits and refuses to enforce the provisions of this article, after due notice, so often and so long as such wilful omission and refusal shall, in his judgment, continue. 2" If the provisions of this article are complied with at any time within one year from the date on which said moneys were withheld, the moneys so withheld shall be paid over by said Commissioner of Education to such district or city, otherwise forfeited to the State. Note. Schools are to be in session for at least 180 days beginning on the first Tuesday of September. It is provided by section 492 of the Education Law, as amended by Laws of 1913, chapter 511, that all schools shall be in session for 180 days, to entitle districts to full apportionments of public moneys, and that " in common school districts the term of school shall begin each year on the first Tuesday of September." LIBRftRY OF CONGRESS iiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiii 021 331 980 2 L