191 6 Qass. Book. TM s /f/& COMPULSORY-SCHOOL ATTENDANCE STATE OF TEXAS W. F. DOUGHTY State Superintendent of Public Instruction BULLETIN 53 JULY 1, 1916 THE DEPARTMENT OF EDUCATION STATE OF TEXAS . ^rM^M.'DlQ' COMPULSORY SCHOOL ATTENDANCE STATE OF TEXAS W. F. DOUGHTY State Superintendent of Public Instruction "•■vaxieooo^' BULLETIN 53 JULY 1, 1916 THE DEPARTMENT OF EDUCATION ^ STATE OF TEXAS AUSTIN, TEXAS VON BOECKMANN-.IONiJS CO., PRINTERS 1916 A240-616-20m DIRECTORY OF STATE SCHOOL OFFICERS THE STATE DEPARTMENT OF EDUCATION W. F. Doughty, State Superintendent of Public Instruction R. B. BiNNION, First Assistant Superintendent S. H. WhitleYj Assistant Siiperiniendent Julius F. McDonald, Supervisor of Public High Schools L. V. Stockaed, Supervisor of Public High Schools E. G. Geafton, Division of Rural Schools L. T. Cunningham, Rural School Supervisor L. L. PUGH^ Rural School Supervisor N. J. Clancy, Statistician Gkoveb Lewis, Auditor J. M. Bledsoe, Certificate Clerk Geokge J. Stephens, Mail and Supplies Grady Barrett, Stenographer W. L. Frame, Stenographer Dan Hightower, Jr., Stenographer STATE BOARD OF EXAMINERS C. A. Jay, Chairman W. S. Brandenberger, Secretary Walker King, College Examiner L. Z. TiMMONS L. E. Dudley STATE BOARD OF EDUCATION James E. Ferguson, Governor, Chairman John G. McKay, Secretary of State H. B. Terrell, Comptroller W. F. Doughty, State Superintendent and Secretary STATE TEXT-BOOK REVISION COMMITTEE F. M. Bralley, President College of Industrial Arts R. E. Vinson, President University of Texas W. F. Doughty, State Superintendent of Public Instruction D. of D. AUG 23'' 1916 r AGEICULTURAL AND MECHANICAL COLLEGE College Station, Texas W. B. BizzELL, President Chas. E. Feilet, Registrar COLLEGE OF INDUSTRIAL ARTS Denton, Texas F. M. Bralley, President C. M. Pboctok, Registrar NORTH TEXAS STATE NORMAL COLLEGE Denton, Texas W. H. Bruce, President A. C. McGinnis, Registrar SAM HOUSTON NORINIAL INSTITUTE Huntsville, Texas H. F. Estill, President L. E. King, Secretary and Registrar SOUTHWEST TEXAS STATE NORMAL SCHOOL San Marcos, Texas C. E. Evans, President S. M. Sewell, Registrar and Secretary STATE JUVENILE TRAINING SCHOOL Gatesville, Texas Chables E. King, Superintendent John E. McDonald, Accountant STATE ORPHANS' HOME Corsicana, Texas W. F. Barnett, Superintendent. Aaron Ferguson, Secretary STATE SCHOOL FOR THE BLIND Austin, Texas E. E. Bramlette, Superintendent and Secretary TEXAS SCHOOL FOR THE DEAF Austin, Texas Gus F. Urbantke, Superintendent T. V. Abciier, Registrar TEXAS STATE TRAINING SCHOOL FOR GIRLS Gainesville, Texas Dr. Cabrie Weaver Smith, Superintendent UNIVERSITY OF TEXAS Austin, Texas Dr. R. E. Vinson, President E. J. Mathevps, Registrar WEST TEXAS STATE NORINL^L COLXEGE Canyon, Texas R. B. Cousins, President Travis Shav7, Secretary-Treasurer PRAIRIE VIEW STATE NORMAL AND INDUSTRIAL COLLEGE (For Colored Youth) Prairie View, Texas I. M. Terrell, President COMPULSORY SCHOOL ATTENDANCE LAW With Notes and Interpretations for Use of School Officers ~" Sec. 71a. Attendance Requirements and Provisions. — Every child in this State who is eight years and not more than fourteen years old shall be required to attend the public schools in the district of its resi- dence, or in some other district to which it may be transferred, as pro- vided by law, for a period of not less than sixty days for the scholastic year, beginning September 1, 1916, and for a period of not less than eighty days for the scholastic years (year) beginning September 1, 1917, and for the scholastic year 1918-19, and each scholastic year thereafter a minimum attendance of 100 days shall be required. In the administration of the compulsory school attendance law, the first day of September will be employed in determining the child's scholastic age. If the child was eight years old and not more than fourteen years of age on the first day of September, it will come within the requirements of the law and be required to attend school sixty consecutive days during the school year 1916-17. Therefore, the age of the child on the first day of September is the school age of the child for the entire year. Sec. 71b. The period of compulsory school attendance at each school shall begin at the opening of the school term unless otherwise author- ized by the district school trustees and notice given by the trustees prior to the beginning of such school term; provided, that no child shall be required to attend school for a longer period than the maximum term of the public school in the district where such child resides. If the beginning of the compulsory school attendance period be changed from the opening of the school term, notice thereof -shall be posted on the schoolhouse door of the district, delivered to the county superintendent, handed to the superintendent, principal, or other official of private, denominational or parochial schools, and published in the local papers, if there be any, prior to the opening day of the regular school term. Failure to receive official notice will not absolve any school officer, instructor, or private tutor from the requirements of the law. It is highly desirable that the compulsory school attendance period be placed as near as practicable to the opening of "the reg- ular school term, and the county superintendent will find it easier to admin- ister the requirements of the law if he succeeds in getting school trustees to adopt as nearly as possible a uniform date for the beginning of the compul- sory attendance period. Sec. 73a. Exemptions. — The following classes of children are exempt from the requirements of this Act : (a) Any child in attendance upon a private or parochial school or who is being properly instructed by a private tutor. The attendance officer may, excuse any child from attendance upon the pub- lic free school who is in actual attendance upon a private or parochial school, or who is being properly instructed by a private tutor. Section 80 makes it the duty of the superintendent, principal or teacher of a private, denomina- tional or parochial school to furnish the county superintendent with a list of all children coming within the compulsory ages enrolled in the school pre- — fi— sided over by such superintendent, principal or teacher, together with the number of the district in which said child was enumerated in the public school census, or if not enumerated in the county of its residence, the dis- trict in which it resides at the time of its enrollment in school. Sec. 72b. Any child Avhose bodih^ or mental condition is such as to render attendance inadvisable, an'd who holds definite certificate of a reputable physician specifying this condition and covering the period of absence. In the administration of this provision of the law, the certificate of any physician licensed by the State of Texas to practice medicine may be accepted, except in cases of doubt, when the attendance officer may require the certifi- cate oif a specialist. All certificates must specify definitely the child's dis- ability. Sec. 72c. Any child who is blind, deaf, dumb or feeble-minded, for the instruction of whom no adequate provision has been made by the school district. The attendance officer shall have authority to excuse from school any child who is blind, deaf, dumb, or feeble-minded; provided, no adequate provision has been made by the school district for the instruction of such children. In cases of doubt, the attendance officer may require a certificate from a licensed physician or specialist. Sec. 72d. Any child living more than two and one-half miles by direct and traveled road from the nearest public school supported for childi'en of the same race and color of such child, and with no free transportation provided. The fact that a child resides more than 2§ miles from the school of the district in which it lives but resides less than 2J miles from a public school in an adjoining district shall not operate to require the child's attendance upon any school except it be transferred to the school located not more than 2i miles from the child's home. The fact that a child is transferred to a school in another district more than 2^ miles from its residence will not operate to excuse it from compulsory school attendance if it lives within 2J miles of the school in the district of its residence. Sec. 72e. Any child more than twelve years of age who has satis- factorily completed the work of the fourth grade of a standard ele- mentary school of seven grades, and whose services are needed in sup- port of a parent or other person standing in parental relation to the child, may, on presentation of proper evidence to the county super- intendent of public instruction, be exempted from further attendance at school. A simple request on the part of the parent or guardian, or a verbal excuse on the part of the county superintendent, will not suffice to answer this re- quirement of the law. The person desiring exemption shall direct his appli- cation to the county superintendent, using the form prescribed by the State Department of Education, and setting forth the reason why the request for ex- emption from further -attendance at school be granted. If granted, the county superintendent will issue to the petitioner a certificate of exemption, which certificate shall be subject to revocation at any time by the authority issuing it if it be found that the statement in the petition were incorrect or false, or if the child be found spending his time in idleness. Before giving any certificate of exemption to any cliild under tliis provision of tke law, tlie county superintendent will thoroughly investigate any such case and deter- mine to his satisfaction that the services of such child are actually needed in support of a, parent or other person standing in parental relation to said child. If the census records of the county do not disclose the age of the child, the county superintendent may require an affidavit from the parent to the effect that the child is more than 12 years old. In determining whether or not the child has completed the work of the fourth grade, the county superintendent will ordinarily be governed by the records of the school where the child may have completed the grades. Promotions will be determined by the local teacher under the direction of the county superintendent and the rules and regulations prescribed by the county school trustees. The, county superintendent shall make note op each such application his disposition of the case, and carefully file such petition as a part of the records of his office to be preserved for at least one year. Sec. 73. Free Texthoohs. — If any parent, guardian or custodian of any child or children who are not exempt from attendance by some of the foregoing provisions of. this bill shall make satisfactory proof to the board of trustees that they are financially unable to furnish such child or children with the necessary books with which to attend school, the county superintendent of public instruction of the county where such parent, guardian or custodian resides, shall furnish, upon the recommendation of the district trustees, textbooks for such purposes to such child or children, which books shall be furnished and paid for upon the certificate of such officers by the board of county commis- sioners of the county in which such child or children reside, and which said payment for books shall be made out of the general fund of the county. Any parent or guardian desiring to receive free text-books under this pro- vision of the law shall make application on the form prescribed by the State De- partment of Education to the president of the board of school trustees of the district of his residence, stating that he is financially unable to furnisli such child or children with the necessary books with which to attend school, and naming the text-books desired and giving the number in each case. Any child of compulsory school attendance age who has no parent or legal guardian may make the request for himself. All applications for free text-books ap- proved by the district trustees shall be referred to the county superintendent of public instruction, who shall purchase the text-books thus approved and deliver them to the rightful person or persons. The certificate of recommen- dation for free text-books issued by the district trustees shall be presented by the county superintendent to the county commissioners' court for payment out of the general fund of the county. All such recommendations for free text-books shall bear the certificate of the county superintendent to the effect that such books were bought and delivered to the children as named in tlm recommendations. Sec. 74. Excuses for Absences. — Any child not exempted from the provisions of this Act may be excused for temporary absence due to personal sickness, sickness or death in the family, quarantine, severe storm which has destroyed bridges and made the regular means of travel dangerous, oi for unusual causes acceptable to the teacher, prin- cipal or superintendent of the school in which said child is enrolled; provided that the excuses are in writing and signed by the parent or guardian of said child; but any case so excused may be investigated by the authorities discharging the duties of attendance officer for the school from which said child is so excused. The temporary absence of any child may be excused by the teacher, prin- cipal, or superintendent of the school upon the written request of the parent or guardian properly signed in his or her own handwriting, and setting forth one or more of the reasons specified in this provision. In "each instance, the teacher shall write on the application the word "Approved" or "Rejected," as the case may be, together with the date of this action, and sign thereon his or her name. All such applications approved shall be carefully preserved and delivered during the day to the head teacher or principal of the school, if there be more than one teacher in the school, who shall have authority to investigate promptly such applications for excuse if deemed advisable. Any application for excuse rejected by the teacher shall be reported immediately by her to the head teacher or principal of the school, if there be more than one teacher in the school, whose duty it shall be to investigate the merits of such application, and if the teacher is sustained in her action rejecting said application for excuse, then it shall be the duty of the head teacher or prin- cipal to report the matter to the superintendent of the school without delay, who shall in turn have authority to investigate the merits of the case. If the superintendent sustains the action of the teacher and principal in reject- ing the application for excuse, it shall be his duty to report the matter im- mediately to the attendance officer for attention. Rural teachers not in daily touch with the county superintendent will comply with this requirement of the law by placing in the United States mail any application for excuse re- jected by them on the day of its rejection. Sec. 75. Employment Prohibited. — No child under fourteen years of age not lawfully excused from attendance upon school shall be em- ployed by any one during the school hours in any occupation during the period which the child is required to be in school, as provided by this Act. Any person, firm or corporation found guilty of employing any child or any person inducing any child to remain out of school who is subject to the provisions of this Act shall be fined not to exceed ten dollars for each otfense, and each day that said child is employed after due notice given by any school official that said child cannot be legally employed shall constitute a separate offense. Under the provisions of this act, the attendance officer shall have authority to enter any place of business for the purpose of ascertaining whether or not the employer is using any child under 14 years of age not lawfully excused from attendance upon school. Any person employing a child excused from attendance upon school by the attendance officer shall keep on file at his place of business the certificate of exemption of such child so employed. If on investigation the attendance officer finds any person, firm or corporation employing auy child coming within the provisions of this act and not law- fully excused from attendance upon school, he shall proceed to file complaint against such person, firm, or corporation, as the case may be, in the justice court, and urge prosecution of the case to its completion. In cases of doubt when the child's age cannot be verified by the census trustee's records, the attendance officer mav require an affidavit of the parent as to the age of his child. Sec. 76. County Attendance Officer. — The county school trustees of any county having -a scholastic population of more than three thousand may elect a school attendance officer for said county upon petition of at least fifty resident freeholders of said county setting forth reasons good and valid in the judgment of the county school trustees why said — 9— conntv shall have an attendance officer; provided, that a public hear- ing shall be had on said petition after due notice of such hearing shall have been given by publishing said notice iij a newspaper published at the county seat for three consecutive weeks, if there be such a news- paper, and if there be no such newspaper, then by posting written or printed notices in at least three public places within the -county, one of which notices shall be posted at the courthouse door of said county, and if, after said hearing of said county board of trustees, in their judgment said county board of trustees believe that a school attendance officer is necessary to the proper enforcement of the provisions of this Act, and that the schools of said county will be benefited by having said attendance officer, the said board may elect such officer as herein pro- vided. Any county having a scholastic population of more than 3,000 children should by all means have a school attendance officei- for said county. Such officer can render the county superintendent invaluable assistance in the suc- cessful administration of the compulsory school attendance law, and in addi- tion thereto the attendance officer can help the county superintendent in pre- paring, delivering, collecting, and revising lists as required in Section 80. The attendance officer should be assigned to the county superintendent by the county school trustees and be required to co-operate fully with the superin- tendent in the discharge of his duty. No person should be employed as at- tendance ofK'cer except he be vigorous and trustworthy. The duties of attend- ance officer will subject the person acting in this capacity to the inclemency of the weather and force upon him many arduous duties that cannot be per- formed by decrepits and cripples. Sec. 77. District Attendance Officer. — The board of trustees of any independent district having a scholastic population of more than two thousand may, after being petitioned and having hearing on said peti- tion, as provided in this section for election of county attendance officer, elect an attendance officer for said independent district, if. in the judg- ment of said board of trustees, said attendance officer is necessary to the proper enforcement of the provisions of this Act. The board of trustees of an independent district having a population of more than 2,000 should not hesitate to employ aar attendance offi'cer and assign him to the city superintendent for the purpose of helping to execute the re- quirements of the compulsory school attendance law within the city. Such attendance officer should be required to co-operate closely with the county attendance officer. He should be a strong and vigorous man, thoroughly re- liable and industrious. Sec. 78. Salary of Attendance Officers. — Any attendance officer that may be elected by the county school trustees of any county, or by the board of school trustees of any independent school district, may have his salary paid fromx the available school funds belonging to said county or district, not exceeding two dollars per day for the time actually employed in discharging his duty as such attendance officer; and in any »county or independent district where such attendance officer is not elected as provided for in this section, the duties of said attendance officer shall devolve upon the school superintendents and peace officers of such county or district who shall perform the duties of such attend- —10— ance officer without additional pay. Counties or independent school districts which may avail themselves of the option to elect school at- tendance officers may elect the probation officer or some officer or officers of the juvenile court of said county to serve as such attendance officer for said countv or for said independent district or independent districts located in said county. This section of the law fixes the salary of all attendance officers at $2.00 per day for the time actually employed. It is especially desirable that an attendance officer be employed for all of his time. At the rate of $2.00 per day, this would give him a maximum salary of $48 per school month of four weeks. In independent districts, the attendance officer should be listed by the superintendent in his monthly payroll as one of the regular employees of the board of trustees, and his salary paid in the usual manner out of the avail- able school funds belonging to the district. The salary of the county at- tendance offi'cer shall be paid monthly on order of the county school trustees by warrant signed by the county superintendent. In setting aside the funds for the payment of the salary of the county attendance officer, the county school trustees should apportion the amount of such salary to the common and independent districts of the county according to scholastic population, ex- empting, however, those independent districts employing separate attendance officers. Counties or independent school districts choosing to elect the proba- tion officer or some officer or officers of the juvenile court as attendance officer are authorized to adjust the salary paid such officer as in their judgment is right and proper. Where no attendance officer is elected as provided under Sections 76 and 77, the duties of said attendance officer shall devolve upon the school superintendent and peace officers. It should be specifically noted that any independent dis- trict eligible to elect an attendance officer but failing to do so, the duty of attendance officer in such district having more than 2,000 scholastics devolves upon the city school superintendent and the peace officers of the independent district. In such instance, the city superintendent Avould be the chief at- tendance offi'cer of the district and would be privileged to call upon the peace officers of the district for such assistance as he deemed necessary in the en- forcement of school attendance. In counties having no independent districti' with more than 2,000 scholastics, the county attendance officer will act for the entire county, and is by law entitled to hearty co-operation of the peace offi- cers and the entire teaching force of the county. In independent districts voting and collecting a local maintenance tax, there is no inhibition of law which will prevent sucli districts from employing such assistance as may be deemed necessary by the board in carrying out the provisions of this Act. Sec. 79. Powers and Duties of Attendance Officer, — The person or persons performing the, duties of attendance officer or officers for any countjr or district sh.all have power to investigate all cases of unexcused absences from school, to make and file in the proper court complaint in due form against any person or persons violating the provisions of this Act, to administer oaths and to serve legal process, to enforce the pro- visions of this Act, to keep records of all cases of any kind investigated by him in the discharge of his duties, and to make reports of his work as the State Superintendent may require, providing that nothing in this Act shall be construed to authorize any attendance officer to invade or enter without permission of the owner or tenant thereof, or. the head of any family residing therein, any private home, or private resi- dence, or any room Or apartment thereof, except to serve lawful process upon any parent, guardian or other person standing in parental rela- tion to any child affected by this Act, or to forcibly take corporal cus- —11— tody of an}'- child anywhere without the permission of the parent or guardian thereof, or other person standing in parental relation to such child, except in obedience to valid process issued by a court of com- petent jurisdiction, and provided 'that otherwise than as hereinbefore provided, such attendance officer shall have the power to enforce the provisions of this Act. Under this provision of the law, a person acting as attendance officer shall be vested with the following powers: 1. To investigate all cases of unexcused absence from school. 2. To make and file complaint against any person or persons violating any provision of this Act. 3. To administer oaths and to serve legal processes. 4. To keep records of all cases of any kind investigated by him in the dis- charge of his duties. 5. To make reports of his work as the State Superintendent may require. 6. To enforce the provisions of this Act in a fair and impartial manner. To file complaint in due form in misdemeanor cases as contemplated by •Section 79 requires that the attendance ofiicer use the form prescribed by the court. The attendance officer must provide himself with a well bound record in which to write the history of each case investigated by him. All records shall state the character of the case, the findings in each instance, and the final dis- position of the case. Each attendance officer or other person discharging the duties of attendance offi'cer will be required to make reports of his work in administering the compulsory school attendance law to the State Superintend- ent of Public Instruction, and a careful record will greatly assist him in the discharge of this duty. Sec. 80a. Duties of Scliool Superintendents. — It shall be the duty of the county superintendent of public instruction to furnish to the superintendent of schools of each school district in the county, and to the principal of the school in case there be no superintendent, a com- plete list of all children of scholastic age belonging in said district, as shown by the last scholastic census and the record of transfers to and from said district. From the census rolls of the county and the transfer records of his office, the county superintendent will furnish the superintendent, principal or teacher of each public school under his supervision a list of all children of scholastic age belonging in the district, in each instance using the form prescribed for this purpose by the State Department of Education. The roll of scholastics belonging to any school shall be delivered to the teacher of the school with other records necessary in the conduct of her school in advance of the open- ing day oif school. Sec. 80b. The superintendents and principals of the various schools of said county shall, within five days from the date that the provisions of the compulsory attendance Act applies to said school, report to said county superintendent the names of all children subject to the provisions of this Act who have not enrolled in said school, and it shall be the duty of the superintendent, principal or other official of private, denomi- national or parochial schools to furnish to said county superintendent a list of all children of scholastic age enrolled in the school presided over by said official and the district in which said child was enumerated in the public school census. Not later than the fifth day from the beginning of the compulsory attend- —12— ance period in any school, the superintendent, principal, or teacher of any- public school shall report to the county superintendent the names of all chil- dren subject to school attendance under this Act who have not enrolled in public school as shown by the teacher's register in comparison with the county superintendent's roll of scholastics and transfers furnished said superintend- ent, principal, or head teacher. Likewise it shall be the duty of any private tutor, the superintendent, principal, or other official of private, denominational, or parochial schools to furnish to the county superintendent not later than the fifth day fi'om the beginning of the compulsory attendance period a list of all children of scholastic age enrolled under their supervision and instruc- tion. The county superintendent shall carefully recheck all such lists promptly and furnish to the attendance officer a definite list of all children subject to compulsory school attendance who are not complying with the law, and it will be the duty of such attendance officer immediately to direct the parents or guardians of all such children to enter them in school without further delay and from day to day pursue the steps prescribed by law to compel such chil- dren to attend school regularly. Sec. 80c. Prom the reports received from the superintendents and principals of the public schools and from the officials of the private,, denominational and parochial schools, the county superintendent shall make up a complete list of all children within scholastic age enrolled in the rarious districts of said county who have not enrolled in some school and are complying with the compulsory attendance x4ct, and said list shall be furnished to the authorities to whom has been delegated the power to enforce the provisions hereof for said county or district, which authorities shall proceed to carry out their respective duties as prescribed in Section 6 of this Act (Section 79). This provision of the law is very clear and needs no interpretation. It i* very essential, however, that this . provision of the law be complied with promptly by the county superintendent if he expects to administer compulsory school attendance successfully. Sec. 80d. It shall be the duty of any teacher giving instruction to any child within compulsory attendance age to report promptly to the attendance officer or other person acting in his stead as herein provided, any unoxcused absences, for his action. The administration of this provision of the law is similar to that prescribed in Section 74 of this Act. It is intended primarily to require co-operation of pri- vate tutors, superintendents, principals, or other officials of private, denomina-. tional or parochial schools in reporting promptly to the attendance officer un- excused absences during the compulsory attendance period. In order to enforce compulsory school attendance uniformly and satisfactorily, it will be neces- sary for all teachers, both private and public, to report promptly to the at- tendance officer all unexcused absences, and the method of reporting should be in accordance with the directions given in note under Section 74. Parents should be encouraged to report immediately the absence of their children from school, and give the reason therefor. Such action on their part would not only be regarded as a friendly attitude toward the school, but it would save time for the attendance officer and would serve to cultivate in the minds of the children a respect for the law. Any teacher failing to comply strictly with the provisions of this law would be subject to dismissal by the board of trustees, and would give suffi'cient cause for the cancellation of her certificate. This provision of the law' makes it obligatory upon all private tutors, and . all teachers in public, private, and parochial schools to report promptly any unexcused absence to the attendance officer. Sec. SOe. All notices, forms and blanks to be used by any of the —13— superintendents, principals or officials of any school shall be prescribed by the State Superintendent of Public Instruction. The State Superintendent has prepared and printed a limited supply of the necessary forms and blanks to be used in the administration of the compul- sory school attendance law. Insufficient funds will, no doubt, make it im- possible for the State Department of Education to furnish all the blanks and forms needed in the administration of compulsory school attendance. It may be necessary, therefore, for school boards and county superintendents to have printed an additional supply for their use. Sec. 81a. Parental Delinquency, Penalties, and Truancy. — If any parent or person standing in parental relation to a child within the compulsory school attendance ages who is not properly excused from attendance upon school for some one or more of the exemptions pro- vided in Section 2 of this Act fails to require such child to attend school regularly for such period as is required in Section 1 hereof, it shall be the duty of the attendance officer who has jurisdiction in the territory where said parent or person standing in parental relation resides, to warn such parent or person standing in parental relation, that the pro- visions of this Act must be immediately complied with, and upon failure of said parent or persons standing in parental relation to immediately comply with the provisions of this Act after such warning has been given,' the official discharging the duties of the attendance officer shall forthwith file com.plaint against such parent or person standing in parental relation to said child, which complaint shall be filed in the county court, or in the justice court in the precinct where such parent or guardian resides, and shall diligently prosecute same to its conclusion. Upon receipt of the names of any child subject to compulsory school at- tendance as provided in Section 80b, or upon notice from the teacher as pro- vided in Section 80d, the attendance officer shall proceed immediately to warn such parent or person standing in parental relation to the child of his or her failure to comply with the provisions of the compulsory school attendance law, and direct such parent or person to comply with the requirements of the law without further delay. In administering warnings, the attendance officer shall use the form prescribed by the State Department of Education, and shall make record in each instance when he has discharged his duty. The fact that a warning has been administered does not absolve the duty of the attendance officer in this respect. Each day that the parent fails to comply with the directions of the attendance officer is to be regarded as a separate offense, and it will, therefore, be the duty of the attendance officer to continue in the dischai-ge of his duty as provided by law until he has succeeded in compell- ing the parent to send his child or. children to school regularly. If any parent or person thus warned shall fail to Comply immediately with the attendance requirements of this Act after such warning has been given, the attendance offi'cer shall forthwith make and file complaint against such parent or person in the county court or in the justice court in the precinct where such parent or person resides, and the attendance officer shall diligently prose- cute the case to its conclusion. This provision of the law does not contem- plate that the attendance officer shall usurp the functions of the County At- torney in the prosecutions of misdemeanor cases in the administration of the compulsory school attendance law, but does lay upon the attendance officer the duty of discharging diligently his particular duties in the prosecution of such cases; and, too, it requires him to render such assistance as will help the County Attorney and court in bringing the case to satisfactory conclusion. Sec. 81b. Any parent or other person standing in parental relation —14— upon conviction for failure to comply with the provisions of this Act . shall be deemed guilty of a misdemeanor, and shall be fined for the first offense five dollars, and for the second offense ten dollars, and for each subsequent offense twenty-five dollars. Each day that said child remains out of school after said warning has been given or after said child has been ordered in school by the juvenile court, m.ay constitute a separate offense; provided, however, that if any parent or jjerson standing in parental relation to any child within the compulsory school attendance ages shall present proofs that he or she is unable to compel such child to attend school, said person in parental relation shall be exempt from the above penalties as regards the non-attendance of such child, and such child may be proceeded against as an habitual truant and be subject to commitment to the State Juvenile Training School or any other suitable school agreed upon between the parent or the guardian of said child and the judge of the juvenile court. Any parent or person convicted under the foregoing section shall be deemed guilty of a misdemeanor, and shall be fined as follows: For the first offense $ 5.00 For the second offense 10.00 For each subsequent offense 25.00 It should be noted here that each day after said warning has been given or after said child has been ordered in school by the juvenile court constitutes a separate offense, except that the parent or person standing in parental rela- tion presents proof that he or she is unable to compel such child to attend school. If the parent or person standing in parental relation to any child succeed in establishing proof to the satisfaction of the judge of the juvenile court that he or she is unable to compel such child to attend school regu- larly, then said child may be proceedecl against as an habitual truant, and be subject to commitment to the State Juvenile Training School if a boy, or to the Texas State Training School for Girls if a girl, or to any other suitable school agreed upon by the parent of tlie child and the judge of the court. In those instances where the parent fails to agree with the judge upon what shall be a training school for the child, -the judge of the juvenile court shall have the deciding voice. Sec. 81c. All fines collected under the provisions of this Act shall be paid into the available school fund of the common school district or of the independent school district in which the person fined resides, as the case may be. All fines collected under this provision and paid into the available school fund may be used in • the payment of salaries of teachers, superintendent, census trustee and attendance officer. Sec. 82. Incorrigibility and Suspension. — Any child within the com- pulsory school attendance ages who shall be insubordinate, disorderly, vicious or immoral in conduct, or who persistently violates the reason- able rules and regulations of the school which he attends, or who other- wise persistently misbehaves therein so as to render himself an incor- rigible, shall be reported to the person exercising the duties of attend- ance officer of said 'school, who shall proceed against such child in the juvenile court as herein provided. If such child is found guilty upon a charge or charges made against him in said court, the judge of said court shall have the power to parole said child, after requiring the —15— parent or other jDerson standing in parental relation to execute a bond in the sum of not less -than ten dollars, conditioned that said child shall attend school regularly and comply with all the rules and regu- lations of said school. If the superintendent or principal of any school shall report to the school attendance officer acting for said school that said child has violated the conditions of his parole, said attendance officer shall proceed against such child before the judge of the juvenile court, as in the first case herein mentioned, and if said child shall be found guilty of violating the conditions of said parole, the bond pro- vided for herein shall forthwith be declared forfeited, and shall be col- lected in the same manner as other forfeited bonds under the general laws of this State, and the proceeds of same paid into the available- school fund of the common school district or the independent school district, as the case may be; and the judge of said court shall have the power in his discretion, after a fair and impartial hearing given to said child, to parole said child again, requiring such bond as he may deem prudent, and require said child to again enter school. If said child shall violate the conditions of the second parole and shall be convicted of same, he shall be committed to a suitable training school as may be agreed upon by the parent of the child and the judge of the juvenile court in which the child is convicted. Any child Avho shall render himself an incorrigible under this provision, and be suspended from school by the teacher, shall be reported at once by his teacher to the attendance officer of said school, which officer shall imme- diately file charges against such child in .the juvenile court and shall prose- cute the case to its completion. In disposing of the case, the judge of the court shall have power to parole said child after requiring the parent or guardian to execute a good and sufficient bond in a sum of not less than $10 to the effect that said child shall attend school regularly and comply with all the rules and regulations of said school. If the superiirtendent, principal, or teacher report to the attendance officer that the child has vio- lated the conditions of his parole, the bond for the child required in the first instance shall be declared forfeited, and shall be collected and paid into the available school fund of ithe district in which the child resides, except the judge of the juvenile court shall decide to parole said child again, requiring such bond in excess of the amount specified in the first instance as he may deem prudent, and requiring said child to re-enter school a second time. No child shall be paroled more than twice during any school year, and upon vio- lation and conviction of a second parole, it shall be the duty of the judge of the juvenile court to commit the child to a suitable training school as may be agreed upon with the parent of the child. As stated in note under Section 81b, the judge of the juvenile court shall have the deciding voice in case the parent of the child and he are unable to agree upon a suitable train- ing school. Under this provision of the law there can be no such thing as expulsion of a child of compulsory school attendance age. The teacher may suspend a pupil during the compulsory school attendance period, provided, as stated above, she reports the matter immediately to the attendance officer. Tlie law says that the child of compulsory school age must go to school. If he will not conduct himself in accordance with the rules and regulations of the school as approved by the board of trustees, the judge of the juvenile court shall commit him to some suitable training school. The law does not provide that the local school board shall defray any part of the expenses of said child when committed to a suitable training school or to the State Juvenile Train- ing School. Pupils under the instruction of a private tutor or in attendance upon a private, parochial or denominational school shall be proceeded against for incorrigibility, truancy and suspension as if they were in attendance upon the public free schools. -16- SOME SIDELIGHTS ON THE LAW THE NEED OF COMPULSOEY SCHOOL ATTENDANCE IN TEXAS According to the United States Census of 1910, tliere were in Texas at that time 882,940 people ten years of age and above unable to read and white, 157,886 of whom were white people. Statistics of 1913-1914 compiled at the Texas State Department of Education based on enu- meration reports of census trustees give a total of 1,433,476 children of scholastic age 7 to 21 years. The same records also show that only 870,000 of these children enrolled in the public schools last year. By allowing 30,000 as a very liberal number for those who graduated within scholastic age and for those who attended private and parochial schools, we find that there were 563,476 children of scholastic age who had not completed the work of the public school, and who did not enter any public school during the 3^ear. A further study of the Department records indicates that only 56 out of every 100 children who did enroll in the public schools for the year 1913-1914 attended school daily. The same fact may be stated in other words by saying that of every 100 children enrolled in the public schools during the year 1913-1914, 44 of them were absent from school daily. For more than a generation the negro has been our chief scapegoat for backwardness in the educational statistics of the South, but no longer can this old excuse do satisfactory service in the face of the facts. The Department records herein mentioned show that there were in Texas for the year 1913-1914, 256,346 negro children of scholastic age 7 to 21. During the year under consideration, 162,000 of these negro children enrolled in the public schools of the State, and their atteudance record was 57 per cent as compared Avith 66 per cent for the white children of the State. The United States census report for 1910 shows that negro illiteracy decreased during the decade 1900-1910 by 42,520 persons ten years of age and older, while the same report shows that illiteracy among the whites' increased by 11,299 persons more than ten years old. Allowing for the general increase of population, the percentages for the two races are a hit more encouraging, for the same report shows that in percentage illiteracy decreased in Texas during the decade 1900-1910 from 14.5 per cent to 9.9 per cent, the decrease among negroes being 13.6 per cent as against 1.8 per cent for white people. In view of the facts a? stated above, there is great need of compulsory school attendance in Texas. For a long time, now, Texas has held an unenviable position among her more progressive sister States of the LTnion because of the fact that heretofore there has been no law com- pelling her children to attend school in this State. As regards nat- ural resources, Texas is without question one of the greatest States in the nation. Her fertile fields, her big forests, her rich mines, her —17— wonderful climate;, and her favorable location with reference to the markets of the world make it beyond the intellect of man to estimate just how prosperous and how powerful the people of Texas can be in the years to come if they seize upon present day opportunities to edu- cate their children and make ready for the duties and responsibilities that are to rest upon them. Education of the right kind has most to do with the development and growth of any State, and on account of the great resources and opportunities of this State, we have great need of a most efficient system of schools for the proper education of all the children of all the people. In this day of progress and development, when the benefits of edu- cation are so apparent, it seems idle to argue either for or against education as a powerful means for the promotion of the general welfare ■of the people. In order that our nation may be properly protected against the invading armies of foreign countries, preparedness for war purposes is the foremost topic of discussion in governmental circles at the present time; no less important is that of intellectual, social, and moral preparedness as a bulwark of protection for our present day civilization against ignorance and superstition. Let him who proclaims himself a good citizen not forget that ignorance is the everlasting ■enemy of freedom. It was Thomas Jefferson who said: "If a nation ■expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." It is well here to pause long enough to read from the Texas Declaration of Independence the following in- spiring sentiment: "It is an axiom in political science that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty or the capacity for self-government." All faint-hearted Southerners who doubt the Avisdom of universal education should not forget the words of General Eobert E. Lee, which were spoken at the close of the Civil War in the midst of reconstruction, when he faced the tremendous problem of helping to build a new South out of th^ ruined Confederacy: "Education of all classes of people is the best means of promoting the prosperity of the South." PUBLIC SENTIMENT The importance of public sentiment should never be overlooked in a ■democracy. Henry Ward Beecher said: "Private opinion is weak, but public opinion is almost omnipotent. A single snow-flake — who cares for that? But a Avhole day of snow-flakes, drifting over everything, obliterating landmarks, and gathering on the mountains to crash in avalanches — who does not care for that?" It is also interesting to note the words of Washington in this connection: "In a free government you can not restrain the voice of the multitude. Every man will speak as he thinks, or, more properly, Avithout thinking, and consequently will judge of effects without attending to their causes." The fact that public sentiment will count for so much in the admin- istration of the compulsory school attendance law in Texas should im- press the advocates of the new law with the necessity of giving correct —18— and helpful information to the masses who are to receive the benefits of this great democratic measure. The friends of the measure should defend the law from the attacks made upon it by its critics who say that it is not a good law, that its exemptions are too liberal, that it will not meet the needs of the people of Texas, or that it is too severe in its requirements. The law is a most creditable one, and it will serve the best interests of the people of Texas to begin with if prop- erly administered. In order that it may be properly administered, all interested persons should study its provisions thoroughly and help to enforce the requirements of the law uniformly and without prejudice. Steele's encouraging words are here quoted for the benefit of those who are Avilling to serve in this great movement for the public good. He says: "Zeal for the public good is the characteristic of a man of honor and a gentleman, and must take the place of pleasures, profits, and all other private gratifications." INCREASED FACILITIES OF INSTRUCTION NECESSARY Some requests have reached the State Department of Education ask- ing that the State Superintendent of Public Instruction make a con- servative estimate of the increased facilities needed in the proper ad- ministration of the compulsory school attendance law. After giving this matter very careful study, the conclusion has been reached that no accurate and helpful estimate can be given for the reason that con- ditions vary so much in the different sections and districts of the State. Without question, increased facilities of instruction will be necessary in practically all school districts of the State, and school officials should not neglect to make adequate preparation for the opening of school next fall. For the State as a whole, more schoolhouses will be needed, larger school grounds should be provided, more school desks will have to be purchased, and more teachers should be employed, in many instances free textbooks must be secured for needy children, and in practically all districts more money will be needed, all of which will be big prob- lems for school officials to handle successfully. The State Superintendent of Public Instruction believes that inas- much as all estimates must be individual for the numerous districts of the State, the board of trustees, together with the superintendent, can make in each instance a fairly accurate estimate of the increased facili- ties of instruction needed for the proper handling of the increased enrollment due to the compulsory school attendance law. By referring to the records of the school, it is an easy matter to determine the scholastic enumeration, to which should be added the transfers to the district in making the estimate. Under the compulsory school attend- ance law, preparation should be made for the handling of practically the entire scholastic population belonging to the school. In other States, after allowing for exemptions under the law, the enrollment usuallv runs about 95 to 97 per cent of the census enumeration. There- fore, bv careful business procedure, it will be possible for any pro- —19— gressive board to meet the increa&ecl demands occasioned by compulsory school attendance, provided, of course, that it has funds sufficient to cover the cost of preparation. It is strongly recommended that school boards in all independent and common school districts of the State hold a business meeting as early as practicable, and prior to September 1, for the purpose of care- fully considering ways and means for the successful administration of the compulsory school attendance law in the schools under their man- agement and control. The county superintendent should devote to com- pulsory school attendance a good portion of the program of the August meeting of the district trustees, which the county school trustees are authorized to hold at the county seat in accordance with Section 161 of the Public School Laws, 1915. The State Department of Education will do everything reasonable within its power to help put compulsory school attendance into successful operation throughout the State, but, as a matter of fact, the principal responsibility rests with local school authorities, who must study this great problem of school attendance in aavance and decide for themselves by what means and by what methods the law will be successfully administered. MORE MONEY NEEDED One of the greatest needs of public education in Texas is more money for the support of the schools. In education as elsewhere in the admin- istration of public affairs, the financial problem is most difficult of solution. Money is always needed where good schools are maintained, for it is impossible to run them without adequate funds. Every ad- vanced step in education calls for an increased outlay of public funds. ISTew tjTpes of education and greater efficiency can be had only by in- creased expenditures. The lengthening of the school term in the poorer districts, the provisions for compulsory school attendance and expert school supervision will make increased financial demands upon the State as a whole. All interested persons will naturally ask the question. From what source will the necessary funds come ? THE SOURCES OF REVENUE As matters now stand, there are three principal sources of revenue for public education: The State, the County, and the District. From the State the schools receive an annual appropriation of approximately $7.00 per capita. From raost of the counties the schools receive a small per capita ranging from a few cents to a dollar or more in some counties. In nearly all progressive school districts, a local tax ranging from a few cents to fifty cents on the one hundred dollars valuation is now levied and collected for the maintenance of the public schools. The general reports from school officials to the State Department of Education indicate that in very few instances the revenues are ade- quate to the needs of the schools, and with growing interest and in- —20— creased needs, the sources of revenue must necessarily be enlarged to meet the demands of the schools. With an increasing population, the State apportionment cannot, under present conditions, be expected to become much larger, and the danger is that it will grow less. Already the State is levying and collecting the constitutional limit of 20 cents on the $100 valuation, and the per- manent school fund is yielding practically as much as it is |x)ssible for it to produce under present conditions. The only recourse left, then, is for the people themselves to levy and collect the taxes necessary for the support of the school in which their children are to be educated. A CONSTITUTIOIS''AL HANDICAP As matters now stand, the State Constitution places a serious obstacle in the way of public school finances by fixing the limit of taxation too low. Many schools in Texas are seriously impeded in their develop- ment on account of insufficient funds, and if the law would permit of it, the necessary increase to maintain the schools adequately would be voted by the people without delay. Yet the Constitution of the great State of Texas is standing between the children of the State and an efficient system of schools, and everywhere we see the doors of thousands of schools too soon closed in the faces of children who should by all means continue their studies for a period longer than is now provided for them. Should not the laws of any State be so drawn as to serve the best interests of the people for whom the government exists? The only way now open to the people to overcome this financial difficulty is to adopt House Joint Kesolution 30, which means better schools for the children. nOUSE JOINT RESOLUTION 30 House Joint Eesolution 30 is a proposed amendment to the Constitu- tion of the State of Texas submitted to the people by the Thirty-fourth Legislature to be voted upon at the general election to be held next November. The limit of taxation for districts is fixed at $1.00 instead of 50 cents as heretofore, and it also permits the people of a county to vote upon the property of the county a school tax not to exceed 50 cents on the $100 valuation, whereby a substantial county per capita appor- tionment can be made for support of all the schools of the county. If this amendment should be voted into the Constitution of the State in the November election, it will then be possible for the next Legislature to enact a law whereby the people of any district or of any county of the State can provide the funds necessary to support their schools for such period of time each year as they may deem necessary. ADEQUATE SCHOOL SUPERVISION NEEDED In order that the compulsory school attendance law may l>e success- fully administered, it is necessary that we have among us capable lead- ers in authority to direct the schools in which the children of this State are to be educated. The State Department of Education desires to —21^- see'all the schools, both rural and city, have the advantages of expert and adequate leadership and may none of them have anything short of the best. Expert, intensive school supervision is a fundamental necessity in providing for good schools and should be encouraged by all and for all. It is generally conceded that judicious expenditure of public funds in the education of the young is the highest type of invest- ment that can be made by any citizenship, and in line with this principle the best available superintendent of schools is always the cheapest one, no matter if the cost seems to be rather high. Under present conditions, adequate rural school supervision is im- possible. With numerous little schools, widely distributed in a large territory, supervision of country schools is far more exacting in its requirements than that of the city and for that reason more difficult to administer. The salary is too small, the demands are too heavy, and the position too insecure to interest, as a rule, the growing and progressive teacher long at a time, except it be done at a great sacrifice. The most efficient county superintendents in Texas have been forced to make great personal sacrifices to remain in office and do the excellent work that has been accomplished under their supervision. Teachers are, as a rule, as patriotic and self-sacrificing as any other class of people in the world, but it is whollv unnecessary that great sacrifice be made by any one to promote the educational interests of a great State like that of ours during this period of the world's progress and civilization. Proper organization is the key to modern methods of business, and the schools will never meet the demands of a progressive people until organized in accordance with business principles and supervised closely by experts who are making school supervision their life work. The county school board should be authorized by law to select the very best qualified man or woman available in the county or elsewhere to superintend and direct the education of the children in the common school districts of the county and fix his salary at such amount as will be commensurate with the duties of his office, and as the funds of the county will justify. And, too, if such board should see the desirability of employing an assistant and special supervisors, whose duty it would be to promote particular lines of work in the various districts of the county, the law should be drawn as to permit of such action. By so doing, there would be no loss of power on the part of the people, and such action would give the country child and its teacher a chance to have expert supenasion and direction equal in all respects to that provided by law for the citv child and it^; teacher. This plan takes away from the people nothing, but gives them instead a business-like organization for the administration of their schools, and where tried in other States the method has, on account of its great efficiency, been much appreciated and has never been abandoned by the people. FREE TEXTBOOKS The advisability of providing free textbooks for school children al- ways presents itself in connection with compulsory school attendance. —22— In. ctlier States having comjw.lsory school attendance laws, it has been found advisable both from an economic and educational standpoint for school authorities to provide textbooks for all children at public expense. The Texas School Laws provide for such action on the part of the people of any district by a majority vote. Sections 261 to 266, Public School Laws of Texas, 1915, provide that an election may be called in any district voting a local maintenance tax to determine whether or not textbooks required by pupils of scholastic age shall be furnished to children free of charge. Section 73, Public School Laws of Texas, 1915, also provides that any parent, guardian, or custodian of any child of compulsory school attendance age, upon making satisfactory proof to the board of trustees that he is financially unable to furnish such child the necessary books with which to attend school, may have pur- chased for him at public expense the books necessary for the instruction of the child. This provision of the law, however, is not very satis- factory, inasmuch as it forces the individual to admit his financial embarrassment. The plan of providing free textbooks for all children of scholastic age has been found more satisfactory, and it is recom- mended by the State Department of Education that all districts pro- vide free textbooks under Sections 261 to 266, of the Public School Laws, if possible. There are many sood and usable textbooks Iving idle in the homes of the people of this State, and the State Superintendent strongly recom- mends that all such books be delivered to the public school authorities for the benefit of those children who may come to school without the prescribed textbooks. Alreadv some schools of the State are pursuing such plan with entire satisfaction to all concerned. In Dallas and Houston, Texas, free text-books are now being provided at public expense for all children up to and including the fourth grade. Where free textbooks are provided, they are usually handled through the school library and under the direction of the superintendent or principal of the school. If the school authorities should neglect to provide free textboolcs to meet the needs of the children of the school, it is strongly recommended that mothers' clubs and other charitable institutions take the matter in hand with the purpose of assisting all needy children to enter school wnthout delay. CLOTHI^TG, FOOD, AND OTriER N"ECESSArvIES OF LIFE The law makes no provision whereby children in need of clothing, food, and other necessaries of life may receive them at public expense, yet such matters need attention in order that children may attend school to the best advantage. An investigation into the school records of the various States discloses the alarming fact that thousands of children go to school daily without proper nourishment, and go to bed at night hungry. In Texas, we believe that living conditions of the masses are far better than in most States, but there will be, nevertheless, very few places in this State where food, clothing, and other necessaries of life will not be needed bv some child. The State can ill afford to lose its —23— opportunity of service wherein destitute individuals may be turned into productive citizens. Abject poverty is a powerful aid in the develop- ment of criminals, and if children are allowerl to go hungry from day to day either in school or at home, there is a strong probability that they will sooner or later develop into undesirable citizens and become a burden upon the State. All mankind is subject to the wiles of the evil one. When hunger holds the body of man in its powerful clutches, courage to resist temptation too often fails the individual, and the criminal is made. In the absence of any legal provisions wherebv destitute children may be provided at public expense with the necessaTies of life, it is impera- tive that charitable organizations and philanthropic persons be called upon to help administer to the urgent needs of such children. ISTo greater opportunity does offer itself or could offer itself than that of making it possible for some needy child to attend school regularly and derive the benefits of an education. Ever}^ citizen has a right to be proud of the great work being done for orphan children by the State- county, and municipal authorities, and by various churches, lodges, and private individuals of the State. It would be impossible to make any satisfactory estimate of the good accomplished through these benevolent institutions. LikcAvise, no one could properly describe the evil con- ditions that might have prevailed had these orphan children been per- mitted to run at large without education and moral instruction. In line with this thoupfht, it is appropriate here to state that many homes are without adequate support. On everv hand we find children need- ing the protection of the strong arm of the State who are not orphans in a legal sense. Such children are sometimes in a sfreater danger than those who are eligible to enter an orphans' home. The inability of the parent to earn an honest living, the broken health of the mother, or some dependent member of the family, or the dire distress of the familv as a whole, m.ay make it necessarv that charitv be administered judiciously in order that life itself may be saved and children properly educated. The administration of charitv is one of the greatest problems of the day and has not yet been satisfactorily solved by anvbody. Millions of dollars are expended annually for the relief of destitute and suffer- ing humanitv, and a large per cent of this money is lost in its effective- ness as shoAvn by the records of charitable organizations and institutions. However, this fact should not deter amdoody or any organization from pressing forward in the hope of rendering a needed service. The Amer- ican people are liberal with their contributions, and if those in charge of charitable organizations can offer a reasonable guarantee that the charitable funds will be dispensed judiciously, no trouble is experienced in 'securing adequate fimds. It has been found through experience that charity cannot be administered promiscuously; that is through various organizations of the district. With various agencies dispensing charity, some unscrupulous persons receive help from more than one charity, while others less bold receive none. The most successful method of —24— handling charity is through some central agency such as the United Charitie°s, to which philanthropic persons of all denominations, political alignments, and vocations, contribute whatever thing of value they may wis°h to give, and to which all persons in need of books, clothing, food, and other necessaries of life may apply for assistance. The State ;Superintendent of Public Instruction is deeply concerned about the education of everv bov and girl in Texas, and strongly recommends that the more fortunate be not unmindful of the great proMem.of poverty which is always everywhere present. I