OF C'C BOOKBINDING CO. LAWS OF MAINE RELATING TO PUBLIC SCHOOLS 1913 Compiled by the State Superintendent and printed agree- ably to An Act approved March 13, 1889 WATERVILLE SENTINEL PUBLISHING COMPANY 1913 This pamphlet will be sent free on application to the State Superin- tendent of Public Schools, Augusta, Maine. CONTENTS PAGES Education of Youth (Chap. 15, R. S. 1903 as amended) 3-47 Location of Schools 3-6 Duties of Towns 6-10 Admission to Schools 10 Certificate of Municipal Officers n Election of Superintending School Committees 11-12 Power and Duties of Superintending School Committees and Superintendents . 12-16 Superintendence of Schools through the Union of Towns.. 16-19 Compulsory Education I9~ 2 3 Instruction in Secondary Schools 23-33 Duties and Qualifications of Instructors ' 33~34 School Holidays 34~35 Teachers' Associations 35-36 Schools in Plantations and Unorganized Townships 36-38 State Superintendent of Public Schools 39-41 Normal Schools and Madawaska Training School 41-43 Instruction for the Blind 44 Penal Provisions Affecting Schools 44~45 State School Funds 45-47 Funds from Sale of Timberlands (Chap. 7, Sec. 65, R. S. 1903).. 47 Instruction in Forestry (Chap. 7, Sec. 65, R. S. 1903) 47 Maine School for the Deaf (Chap. 446, P. & S. 1897) 47-48 Summer Training Schools and Distribution of Educational Docu- ments ( Chap. 188, Res. 1901 ).....' 40 Care and Education of the Feeble Minded (Chap, 44, P. L. 1907 as amended) 49-52 Steam Plants in Public Buildings (Chap. 82, P. L. 1907) 52-54 Local History and Local Geography in the Public Schools (Chap. 88, P. L. 1907 as amended) ' 55-56 State Superintendent of Public Schools (Chap. 171, P. L. 1907 as amended) 56 Flags for Schools (Chap. 182 P. L. 1907) 57 Flag of the State of Maine (Chap. 19, P. L. 1909) 57 Welfare of School Children (Chap. 31, P. L. 1909) 58 Secondary Instruction for Youths resident in Unorganized Town- ships (Chap. 62, P. L. 1909) 58-59 Improvement of Free High Schools (Chap. 71, P. L. 1909) 59-61 Appointment of School Physicians (Chap. 73, P. L. 1909) 61-63 School Buildings (Chap. 88, P. L. 1909 as amended) 63-64 Safeguarding of Schools against Danger from Fire (Chap. 100, P. L. 1909) 64 293247 PAGES Protection of Life in Buildings used for Public Purposes (Chap. 28, Sec. 37, R. S. 1903 as amended) 64-65 Common School Fund (Chap. 177, P. L. 1909) 65-66 Equalization of School Privileges (Chap. 198, P. L. 1909 as amended) 66-67 Employment of Women and Children in Manufacturing or Me- chanical Establishments (Chap. 40, Sees. 48-54, R. S. 1903) 67-73 Encouragement of Industrial Education (Chap. 188, P. L. 1911, as amended) 74-~6 Jurats of Town Officers on Returns (Chap. 15, P. L. 1913) 77 Secret Societies in the Public Schools (Chap. 34, P. L. 1913) 77 State Certification of all Teachers < f Public Schools (Chap. 58 P. L. 1913) 77-79 Pensions for Teachers of Long Service (Chap. 75, P. L. 1913) 79-8t LAWS OF MAINE RELATING TO PUBLIC SCHOOLS 1913 Being Chapter 15, Revised Statutes of 1903, (and subsequent amendments thereto) together with certain other parts of the Revised Statutes and those PubSc Laws of 1905, 1907, 1909, 1911, and 1913, governing the management of all public schools except those in districts organized with special powers by acts of Legislature. (Enactments of 1913 are 'effective July n, 1913.) CHAPTER 15 EDUCATION OF YOUTH. LOCATION OF SCHOOLS. SEC. i. The school districts in all towns in the state are abolished. Provided, however, that school districts organized with special powers by act of the legislature may retain such organization and special powers ; but said districts shall annually by g act Z of on or before the first day of June, by their agents, trustees or 1893, c. 216, directors, submit to the school committees of their several towns estimates of the amounts required for the maintenance of the schools therein, other than free high schools, for the ensuing __ how school year, and shall be entitled to such portion of the common school funds of the town as said committees shall determine, be which sum shall not be less than is necessary for the mainte- nance of their schools for a period equal to that of the other schools of the town; and provided further, that the corporate powers of every school district shall continue so far as the same may be necessary for meeting its liabilities and enforcing its rights ; and any property held in trust by any school district by Si virtue of a gift, devise or bequest for the benefits of said district q shall continue to be held and used according to the terms thereof, SCHOOL LAWS OF MAINE. No change in location of any school legally es- tablished. 1893, c. 216, 3. 1901, c. 203. towns may determine number and location on recommen- dation of school com- mittee. operation of schools with few scholars may be suspended. 1903, c. 66. 1913, c. 148. superin- tendent shall procure con- veyance for scholars. 1907, c. 90. committee may author- ize board instead of providing conveyance. Towns may lay out school house lots in cer- tain cases. R. S., c. 11, 57. 1901, c. 211, II. damages, how ap- praised. SEC. 2. The location of any school -legally established prior to March seventeen, eighteen hundred and ninety-three con- tinues unchanged, notwithstanding the district is abolished; but any town at its annual meeting, or at a meeting called for the purpose, may determine the number and location of its schools, and may discontinue them or change their location; but such discontinuance or change of location shall be made only on the written recommendation of the superintending school committee, and on conditions proper to preserve the just rights and priv- ileges of the inhabitants for whose benefits such schools were established; provided, however, that in case any school shall hereafter have too few scholars for its profitable maintenance, the superintending school committee may suspend the operation of such school for not more than one year unless otherwise instructed by the town, but any public school failing to maintain an average attendance for any school year, of at least eight pupils, shall be and hereby is suspended, unless the town in which said school is located shall by vote, at the annual meeting, or at a meeting called for that purpose, after the said commit- tee shall have made a written recommendation to that effect, instruct its superintending school committee to maintain said school. The superintendent of schools in each town shall pro- cure the conveyance of all common school pupils residing in his town, a part or the whole of the distance, to and from the nearest suitable school, for the number of weeks for which schools are maintained in each year, when such pupils reside at such distance from the said school as in the judgment of the superintending school committee shall render such conveyance necessary. Provided, however, that the superintending school committee may authorize the superintendent of schools, to pay the board of any pupil or pupils at a suitable place near any established school instead of providing conveyance for said pupil or pupils, when in their judgment it may be done at an equal or less expense than by conveyance. SEC. 3. When a location for the erection or removal of a schoolhouse and requisite buildings has been legally designated, by vote of town at any town meeting called for that purpose and the owner thereof refuses to sell, or, in the opinion of the municipal officers, asks an unreasonable price for it, or resides without the state and has no authorized agent or attor- ney therein, they may lay out a schoolhouse lot, not exceeding SCHOOL LAWS OF MAINE. three acres, and appraise the damages therefor; and on payment ~" how paid - or tender of such damages, or if such owner does not reside in the state, upon depositing such damages in the treasury of such town for his use, the town designating it may take such lot to be held and used for the purpose aforesaid; and when such revert to schoolhouse has ceased to be thereon for two years, said lot occupied "o . . A two years. reverts to the owner, his heirs or assigns. And any town or city may take real estate for the enlargement or extension of any location designated for the erection or removal of a school- j^ house and requisite buildings and playgrounds, as herein pro- vided; but no real estate shall be so taken within fifty feet of a f*J5ot wtt&. dwelling-house, and all schoolhouse lots and playgrounds that require fencing shall be fenced by the town or city. SEC. 4. If the owner is aggrieved at the location of the lot, or the damages awarded, he may apply to the county commis- lusuc. 11, sioners within six months, who may change the location and IQOI', c. 211, assess the damages. If the damages are increased, or the loca- tion changed, such town or district shall pay the damages and costs ; otherwise the costs shall be paid by the applicant. SEC. 5. If any town or school district, by its officers or by a f c t gelro- use committee, has designated, located and described a lot upon ^ us loca " which to erect, move or repair a schoolhouse, and from mi stake how re- or omission has failed to comply with the law, whereby such a^d^adT 1 location has been rendered invalid, three legal voters and tax-R a s.', c. n, 59 payers thereof may apply in writing to the selectmen of said town, and have the lot, so designated or described, re-appraised by them. SEC. 6. The selectmen of any town to whom such appli- cation has been made, shall forthwith give not less than seven nor more than twenty days' notice to the clerk of said town or district and to the owner of such real estate, or to the persons having the same in charge, of the time and place by them fixed for such hearing, and shall, after examination and hearing of all interested, appraise the lot as set out and affix a fair value thereon, exclusive of improvements made by said district or town, either by buildings or otherwise; and shall, as soon as practicable, notify the town or district clerk, and the persons interested in said estate who had been notified as hereinbefore provided, of the sum at which said lots had been appraised. SCHOOL, LAWS OF MAINE). Sum how assessed and collected. R. 8., c. 11, Tender to be allowed in payment. R. S., c. 11, 62. Either party may appeal. R. S., c. 11, 63. Improve- ments inure to town or district, R. S., c. 11, 64. Tax not affected by error in location. R. S., c. 11, 65. Plan to be approved by committee. R. S., c. 11, 66. SEC. 7. The sum fixed as the value of said lot shall be assessed, collected and paid over as other school money. SEC. 8. Any sum which has been tendered and is in the hands or under the control of the persons owning or having charge of such land, shall be allowed in payment of said appraisal. SEC. 9. If the town or district, or persons owning or having charge of the land on which such location is made, are dissatis- fied with such appraisal, either party may within ten days appeal to the county commissioners of the county in which the land lies, by filing a copy of the proceedings and a claim of appeal with said commissioners, and the determination of a majority of said commissioners not residents of said town, shall be final. SEC. 10. When any school district or town has erected or moved a building upon such lot or in any way improved the same, such improvement shall inure to the benefit of such town or district, and the same may be as completely occupied and controlled by such town or district as it would have been if such location had been in strict conformity to law. SEC. ii. The legality of a tax assessed to build, repair or move a schoolhouse and to pay for a lot, shall not be affected by any mistake or error in the designation or location thereof. *SEC. 12. A plan for the erection or reconstruction of a schoolhouse voted by a town, shall first be approved by the superintending school committee and in case no special build- ing committee has been chosen by the town, said superintending school committee shall have charge of said erection or recon- struction; provided, hozuever, that they may if they see fit, delegate said power and duty to the superintendent of schools. Towns to raise money for schools. R. S., c. 11, 6. 1903, c. 165. 1907, c. 111. 1909, c. 128. DUTIES OF TOWNS. **SEC. 13. Every town shall raise and expend, annually, for the support of common schools therein, exclusive of the income of any corporate school fund, or of any grant from the revenue or fund from the state, or of any voluntary donation, devise or bequest, or of any forfeiture accruing to the use of schools, not * See also An Act relative to School Buildings, Chap. ** See also Section 6 of Chapter 177, P. L., 1909. ?, P. L., 1909. SCHOOL LAWS OF MAINE. less than eighty cents for each inhabitant, according to the census by which representatives to the legislature were last apportioned, under penalty of forfeiting not less than twice nor more than four times the amount of its deficiency, and all moneys provided by towns, or apportioned by the state for the support of common schools, shall be expended for the mainte nance of common schools established and controlled by the . . does not towns by which said moneys are provided, or to which said annul pro- moneys are apportioned ; but nothing in this section shall be so of^}^ ment construed as to annul, or render void, the provisions made in J^Jg^; 48> section eighteen of this chapter for the establishment and main- l - tenance of union schools by adjoining towns. SEC. 14. All towns incorporated since seventeen hundred by towns 11 " and eighty-eight, not formerly parts of other towns, which f ail accounf'for to account for the permanent school fund arising from sale lease of school lands in said towns, shall annually raise and expend for the maintenance of common schools not less than forty-five dollars in addition to the amount required by law to be raised and expended for the support of said schools. SEC. 15. No money appropriated by law for public schools ^JjJUJjJ how shall be paid from the treasury of any town, except upon writ-jjj^j* ten order of its municipal officers ; and no such order shall be F^f; 1 c- llf drawn by said officers except upon presentation of a properly 9 5 ' c ' 48 ' avouched bill of items said bill of items having first been ap- proved by a majority of members of the superintending school ed committee and certified by the superintendent of schools. The unexpended balance of all moneys raised by towns, or received from the state, for the payment of wages and board of teachers, fuel, janitors' services, conveyance or tuition and board of scholars, shall be credited to the school resources for the year following that in which said unexpended balance occurred. This clause, relating to unexpended balances shall not apply to cities. SEC. 16. When the governor and council have reason to school fund believe that a town has neglected to raise and expend the school tobe'with?* money required by law, or to employ teachers certified as re- delinquent towns. quired by law, or to have instruction given in the subjects pre-R- s., c. 11, scribed by law, or to provide suitable textbooks in the subjects }%&> c - <. lyOo, c. 4oj prescribed by law, or faithfully to expend the school money re- 1 9 ^ 9 c 5Q ceived from the state, or in any way, to comply with the law 1913>> c - lg i- SCHOOL LAWS OF MAINE. Same aggre- gate annual length of terms. 1893, c. 216, 5. 1909, c. 29. Union schools may be maintained by adjoining towns. 1893, c. 216, 6. manage- ment of such schools. Towns shall expend school fund. 1905, c. 48, 4. prescribing the duties of towns in relation to public schools, they shall direct the treasurer of state to withhold from the appor- tionment of state school funds made to that town such amount as they may deem expedient and the amount so withheld shall not be paid until such town shall satisfy said governor and coun- cil that it has expended the full amount of school money as re- quired by law and that it has complied in all ways with the law prescribing the duties of towns in relation to public schools, and whenever such town shall fail, within the year for which the apportionment is made, so to satisfy the governor and council the said amount withholden shall be forfeited and shall be added to the permanent school fund for the year next succeeding. SEC. 17. The school moneys of every town shall be so ex- pended as to give as nearly as practicable the same aggregate annual length of terms in all its schools, and every town shall make provision for the maintenance of all its schools for not less than twenty-six weeks annually. Any town failing to maintain its schools as provided in this section, shall be debarred from drawing its state school moneys, till it shall have made suitable provisions for so maintaining them thereafter. SEC. 18. Adjoining towns, upon the written recommenda- tion of the school committee of said towns, may by concurrent action maintain union schools for the benefit of parts of said towns constituting on March one, eighteen hundred and ninety- four, union school districts, or may establish such schools, and shall contribute to their support each in proportion to the num- ber of scholars in each of said towns attending such schools. Said school shall be under the management of the school com- mittee of the town in which their schoolhouses are located. *SEC. 19. Towns shall expend the entire amount of the school fund and mill tax received from the state, together with the amounts arising from the eighty cents per capita, as pro- vided in section thirteen of said chapter fifteen and the funds arising from the various sources enumerated in the first four lines of section thirteen of said chapter and the funds arising from the provisions of section fourteen of said chapter, for the payment of teachers' wages and board, fuel, janitors' ser- vices, conveyance of scholars and tuition and board of scholars, * See also Section 6, Chapter 177, P. L., 1909. SCHOOL LAWS OF MAINE. as provided in section two and section fifty of said chapter fif-__ ghallpro _ teen and shall provide school books, apparatus and appliances for the use of pupils in the public schools, including all free high schools, at the expense of said town; and shall also pay f or fglv, c . 260. the necessary repairs of school buildings and insurance on same, if any, improvement and maintenance of school yards and play- grounds out of a sum or sums of money raised and appropriated for that purpose which shall be assessed like other money and shall be in addition to and independent of the amount which towns are required by law to raise, assess and expend for the support of common schools; provided, however, that any parent or guardian of any pupil in the public schools may, at his own expense, procure for the separate and exclusive use of such pupil, the text-books required to be used in such schools and no second hand books shall be purchased for the use of any school; any person violating this provision shall forfeit not handbooks, exceeding five hundred dollars, to be recovered in an action of debt by any school officer or person aggrieved. SEC. 20. School committees shall make such rules and regu- Digtribution lations not repugnant to law, as they deem proper, for the dis- j|^ 9 00 ^ * c tribution and preservation of school books and appliances fur- 2 - nished at the expense of the town. SEC. 21. When a pupil in the public schools loses, destroys, or unnecessarily injures any such school book or appliance, f ur- nished such pupil at the expense of said town, his parent orft e s'., c. 11, guardian shall be notified, and if the loss or damage is not made good to the satisfaction of such committee within a reasonable time, they shall report the case to the assessors, who shall include in the next town tax of the delinquent parent or guar- dian the value of the book or appliance so lost, destroyed or injured, to be assessed and collected as other town taxes. *SEC. 22. Any city or town may, in addition to the sum Evening raised for the support of the common schools, raise and appro- i889? L c! 246. priate money for the support of evening schools, which shall admit persons of any age, shall teach only the elementary branches, and shall be under the direction and supervision of the superintending school committee. * See also An Act for the encouragement of Industrial Education, Chapter 1 88, P. L,., 191 1. 10 SCHOOL LAWS OF MAINS. Instruction in industrial or mechani- cal drawing. R. S., c. 11, 11. Manual training schools. 1901, c. 234, 1, 5. *SEC. 23. Any city or town may annually make provision for free instruction in industrial or mechanical drawing, to per- sons over fifteen years of age, either in day or evening schools, under direction of the superintending school committee. *SEc. 24. Any city or town may, in addition to the sum raised for the support of the common schools, raise and appro- priate money for the support of manual training schools and may receive gifts and bequests for the use, maintenance and support of such schools. Direction, rules and regulations of such schools. 1901, c. 234, 2,3,4. Scholars at light stations, fog warn Lag stations, or life saving stations. 1893, c. 199. 1911, c. 161. School age. 1893, c. 162. attendance. 1911, c. 22. ADMISSION TO SCHOOLS. SEC. 25. Such schools shall be under the control, direction and supervision of the superintending school committee, and shall admit such persons between the ages of six and twenty- one years, and shall give such courses of instruction as said committee may determine. Pupils in such schools shall be sub- ject to the same conditions, rules and regulations as provided for public schools. SEC. 26. Persons between the ages of five and twenty-one years living at any light station, fog warning station, or life saving station shall be admitted to any public school in the state without paying tuition ; such scholars shall be entitled to all privileges and benefits, and be subject to the same conditions, rules and regulations as scholars residing in the town in which they attend school. SEC. 27. The age of pupils allowed to attend the public schools of the state is hereby fixed between the ages of five and twenty-one and every child between the said ages shall have the right to attend the public schools in the town in which his parent or guardian has a legal residence, subject to such reasonable regulations as to the numbers and qualifications of pupils to be admitted to the respective schools and as to other school matters as the school committee shall from time to time prescribe. SCHOOL, LAWS OF MAINE. II CERTIFICATE OF MUNICIPAL OFFICERS. SEC. 28. The assessors or municipal officers of each town, Annual shall, on or before the first day of each May, make to the state returns to superintendent of public schools, a certificate, under oath, em- intendent er " . , ,, R. S., c. 11, bracing" the following items : 13. 1909 c 91 I. The amount voted by the town for common schools at the preceding annual meeting. II. The amount of school moneys payable to the town from the state treasury during the year ending with the first day of the preceding April. III. The amount of money actually expended for common schools during the preceding fiscal year of the town. IV. The amount of school moneys unexpended at the ex- piration of the preceding fiscal year of the town. V. Answers to such other inquiries as are presented to secure a full and complete statement of school revenues and expenditures. ELECTION OF SUPERINTENDING SCHOOL COMMITTEES. SEC. 29. Every town shall choose by ballot at its annual Election of a meeting a superintending school committee of three to hold^j^ com - office as provided in the following section and shall fill vacancies \ s f 7 ' c " 327> arising therein at each subsequent annual meeting. No person f S i8 f C 85. 1> is ineligible to the office of superintending school committee, on account of sex. SEC. 30. School committees first chosen shall designate by Superintend- ing school lot a member or members to hold office for one, two and three committee, when first years respectively, in manner as follows ; one for one year, one ^sen, sha11 for two years and one for three years; and they shall certify j? of such designation to the town clerk to be by him recorded ; and ^g|- c - n> thereafterwards one member shall be chosen by ballot at the | 8 | 7 ' c - 327 * annual meeting of the town, to hold office for three years. Said committee may fill vacancies occurring between annual meet- vacancies: ings, and the term of office of any member of the committee so no member chosen shall expire at the next annual meeting. No member employed to teach in his of the superintending school committee of any town shall be wn twn. employed as teacher in any public school in said town. 12 SCHOOL LAWS OF MAINE. Sections 29 and 30 shall not apply to certain cities. 1897, c. 327, 3. Penalty for neglect to choose com- mittee. R. S., c. 11, 20. Committee shall serve without pay. compensa- tion of superin- tendent. R. S., c. 11, 92. 1897, c. 327, 2. SEC. 31. The provisions of the two preceding sections shall not apply to cities whose charters specify the methods of elec- tion and term of office of a superintending school committee or board of education ; nor to towns, cities and incorporated dis- tricts authorized by private and special laws to choose school committees other than those herein provided for. SEC. 32. A town failing to elect members of the superintend- ing school committee as required by law, forfeits not less than thirty, nor more than two hundred dollars. SEC. 33. Superintending school committees shall serve with- out pay, unless otherwise voted by the town, but the superin- tendent shall receive for his services such sum as the town shall annually vote therefor, which sum shall in no case be less than two dollars a day for every day of actual service and necessary traveling expenses. Management of schools devolves upon super- intending school com- mittee. 1897, c. 332. 1903, c. 100. discharge of superin- tendent. 1911, c. 173. 1913, c. 78. Duties. R. S., c. 11, 87. 1903, c. 184. 1905, c. 48, 5. POWER AND DUTIES OF SUPERINTENDING SCHOOL COMMITTEES AND SUPERINTENDENTS. SEC. 34. The management of the schools and the custody and care, including repairs and insurance on school buildings, of all school property in every town, shall devolve upon the su- perintending school committee which shall annually, and as often as a vacancy shall occur, elect a superintendent of schools who shall not be a member of the committee. After due notice and investigation the superintending school committee may for cause discharge a superinendent of schools and after protracted absence from duty on the part of said superintendent may de- clare a vacancy in his office. This section, so far as it relates to the manner of the election or employment of superintend- ents of schools shall not apply to cities, nor to towns authorized by special laws to employ or choose superintendents in manner otherwise than as herein provided. SEC. 35. Superintending school committees shall perform the following duties : I. Direct the general course of instruction, and select a uni- form system of text-books, due notice of which shall be given; no text-books thus introduced, shall be changed for five years SCHOOL LAWS OF MAINE. 13 unless by vote of the town ; any person violating this provision Direct the shall forfeit not exceeding five hundred dollars, to be recovered ^ c le ^ t n in an action of debt by any school officer or person aggrieved. text - books - And when said committee have made such selection of school books, they may contract, under section nineteen, with the pub- lishers for the purchase and delivery thereof; make such rules as they deem effectual for their preservation and return; ,or, if they are kept for sale, may regulate the sale and appoint an agent to keep and sell them, and fix the retail price, which shall be marked on the title page of each book. II. They shall make provision for the instruction of all^^ ion pupils in schools supported by public money or under state con- o^v and 01 " trol, in physiology and hygiene, with special reference to the i885? n c e '267, effects of alcoholic drinks, stimulants and narcotics upon the " human system. III. After due notice and investigation they shall dismiss May dismiss . . J teacher for any teacher, although having the requisite certificate, who proves sufficient unfit to teach, or whose services they deem unprofitable to the school; and give to said teacher a certificate of dismissal and of the reasons therefor, a copy of which they shall retain, and such dismissal shall not deprive the teacher of compensation for previous services. IV. Expel any obstinately disobedient and disorderly scholar, scholars, after a proper investigation of his behavior, if found necessary for the peace and usefulness of the school ; and restore him on satisfactory evidence of his repentance and amendment. V. Exclude, if they deem it expedient, any person not vac - Exclude cinated, although otherwise entitled to admission. va^cinXed* VI. Prescribe the sum, on payment of which persons of the Prescribe required age, resident on territory, the jurisdiction of which has paS S incer- been ceded to the United States, included in or surrounded by taincases - the town, may attend school in the town. VII. Determine what description of scholars shall attend Classify each school, classify them, and transfer them from school to s school where more than one school is kept at the same time. SCHOOL LAWS OF MAINE. Supt. of schools sec- retary of committee. 1895, c. 120. 1897, c. 332. 1903, c. 184. 1905, c. 48, 6. 1913, c. 112. Shall appoint times and places for examina- tions. Qualifica- tions of teachers. Certificates to be given. SEC. 36. The superintendent of schools in every town shall be, ex-officio, secretary of the superintending school committee. He shall keep a permanent record of all its votes, orders and proceedings, he shall place all orders for materials and sup- plies purchased by vote of the committee and shall be its agent in keeping all financial records and accounts. He shall issue vouchers showing the correctness of bills contracted on ac- count of school appropriations, but such bills shall not be al- lowed for payment by the municipal officers of towns unless they shall have been approved by a majority of the members of the superintending school committee. He shall perform such duties not herein enumerated as said committee shall direct. */. He shall appoint suitable times and places for the exam- ination of candidates proposing to teach in town, and shall give notice thereof by posting the same in two or more public places within the town at least three weeks before the time of said examination, or by the publication of said notice for a like time in one or more newspapers having the largest circulation in the county. Five days constitute the school week, and four weeks a school month. *//. On satisfactory evidence that a candidate possesses a good moral cliaracter and a temper and disposition suitable for an instructor of youth', he shall examine him in reading, spelling, English grammar, geography, history, arithmetic, civil govern- ment, bookkeeping, and physiology with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system; and the elements of the natural sciences, espe- cially as applied to agriculture, and such other branches as the superintending school committee desire to introduce into public schools, and particularly into the school for which he is exam- ined; also as to his capacity for the government thereof. *///. He shall give to each candidate found competent, a cer- tificate that he is qualified to govern said school and instruct in the branches above named, and such other branches as may be necessary to be taught therein, or he may render valid by in- dorsement any graded certificates issued to teachers by normal school principals. No certificate shall be granted any person to teach in the public schools of the state, who has not passed a *Non-effective after Sept. 1, 1914 by provisions of An Act to pro- vide for the State certification of all teachers of public schools, Chapter 58, P. L., 1913. SCHOOL LAWS OF MAINE. 15 satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and nar- cotics upon the human system. IV. He shall employ teachers, subject to the approval of the t ea a cher? P superintending school committee. V. He shall return under oath to the school committee, in School census. April annually, a certified list of the names and ages of all per- isp, c. 216, sons in his town from five to twenty-one years, corrected to the^j-. c - n. first day of said month, leaving out of said enumeration all per- sons coming from other places to attend any college or academy, or to labor in any factory, or at any manufacturing or other business. SKC. 37. He shall annually make returns to the state super- Return to intendent of public schools, of the number of persons between Ltendent e of the ages of five and twenty-one vears, together with a certified 1897, c! 289. * 1911, c. 121. list of the names and ages of such persons, corrected to the first day of April preceding the time of making said returns, and give full and complete answers to the inquiries contained in the blank forms furnished him by law ; certify that such statement is true and correct, according to his best knowledge and belief; and transmit it to the office of the state superintendent on or before the first day of each May. He shall also furnish such other information relating to the public schools as the said superintendent shall at any time require of him. When the state superintendent of schools on examination of the census returns of any town is of the opinion that the census has been inaccurately taken he shall make statement thereof to the gov- ernor and council who may require the census of such town to be retaken and returned and, if they think necessary, they may __ census may for this purpose appoint persons to perform this service andtobl qmi such persons so appointed shall take the same oath, perform the re same service and receive the same compensation out of the same fund as the person or persons who took the school census in the first instance; and the school fund distributable in pro- portion to the enumeration of scholars shall be distributed on the corrected returns. i6 SCHOOL LAWS OF MAINE. Annual returns of supt. of schools. R. S., c. 11, 88. 1895, c. 120. 1905, c 48, 7. 1913, c. 4. Shall examine schools. 1893, c. 216, 8. 1895, c. 120. annual report. R.S., c. 11, 87. 1893, c. 216, 8. SEC. 38. He shall, on or before the first day of August nineteen hundred and fourteen and annually thereafter, make under oath a full and complete return of all educational statis- tics for the year ending July first next preceding, and any town that shall fail, through its school officers, to make the return required by this section shall be liable to the provisions of section sixteen of chapter fifteen of the Revised Statutes. SEC. 39. He shall examine the schools and inquire into the regulations and discipline thereof, and the proficiency of the scholars, for which purpose he shall visit each school at least twice each term. At the annual town meeting, he shall make a written report of the condition of the schools for the past year, the proficiency made by the pupils, and the success attending the modes of instruction and government thereof, and transmit a copy to the state superintendent of public schools. Two or more towns may unite in the em- ployment of a superin- tendent. 1897, c. 296, 1907, c. 55. 1909, c. 122. proviso, number of schools. 1911, c. 92. SUPERINTENDENCE 0? SCHOOLS THROUGH THE UNION OF TOWNS. SEC. 40. The school committees of two or more towns, hav- ing under their care and custody an aggregate of not less than twenty, nor more than fifty schools, may unite in the employ- ment of a superintendent of schools, provided they have been so authorized by a vote of their towns at the regular town meet- ings, or special town meetings called for that purpose. Pro- vided further that such union shall not take effect until the state superintendent of public schools shall have approved the certificate of union as hereinafter provided. But the committee of any town dissatisfied with the decision of the state superin- tendent may appeal to the governor and council who shall make the final decision relative thereto. Provided further in any case where it shall appear to the state superintendent of public schools, upon the representation of the school committees of certain towns that, owing to geographical situation or other reasons it is to the advantage of the state and of the said towns that a union shall include fewer than twenty or more than fifty schools said state superintendent of public schools shall have authority to approve the certificate of such union, and a union so formed shall, except for the number of schools, be governed by the conditions herein prescribed for unions of towns. A SCHOOL LAWS OF MAINS. I/ union of towns formed under the provisions of this section shall upon its first organization continue for a period of at least three years unless sooner dissolved by a two-thirds vote of the joint committee, but after the expiration of said three-year period any of the towns forming said union may at its annual meeting withdraw from said union and the remaining members may continue a union in accordance with the conditions herein continuance oi a union. prescribed as to the number of schools and upon the approval isis, c. 145. of a new certificate of union by the state superintendent of public schools. The joint committee of any union of towns ;^ m n s g sion may admit to said union any town or towns which have voted to committee. join the said union; but such admission shall be subject to the conditions herein prescribed as to the number of schools and upon the approval of a new certificate of union by the state su- perintendent of public schools. SEC. 41. The school committees of the towns comprising a School com- union shall form a joint committee, and for the purposes of this ^ch section and the four following sections, said joint committee j shall be held to be the agents of each town comprising the union. Said joint committee shall meet annually at a day and place agreed upon by the chairman of the committees of the several 8 | 7 ' c> 296 towns comprising the union, and shall organize by the choice of a chairman and a secretary. They shall determine the relative duties. 4. t J 1_ 1 J 1 1907 ' n " 101 ' amount of service to be performed by the superintendent in each i. 1909 c 12^ town, including the minimum number of visits to be made each 1913! c! iss! term to each school, fix his salary, apportion the amounts thereof to be paid by the several towns, which amount shall be certified to the treasurers of said towns respectively and to the state superintendent of schools, together with the amounts appor- tioned to each town; provided that the amounts so certified shall be in proportion to the amount of service performed in the several towns. They shall choose by ballot a superintend- ent of schools for a term not exceeding five years, but the period of such election shall not exceed that for which the union of towns has been authorized. Towns may SEC. 42. I. The chairman and secretary of said joint com- ?pmpens f a - r mittee shall, upon the election of a superintendent of schools as m tSnd f ent per " provided by section forty-one of this chapter, certify under f-?.' 1 c ' 296 ' oath to the state superintendent of schools upon the forms i8 SCHOOL LAWS OF MAINE. state aid. 1907, c. 101, 2. 1909, c. 146. appropri- ation out of state school funds. 1911, c. 191. Aid to super- intendents having over fifty schools under their care or custody. 1909, c. 120. Appropria- tion by each town for sal- ary of super- intendent. 1897, c. 296, 4. 1907, c. 101, 3. 1913, c. 138. 1913, c. 145. Conference of superin- tendents. 1913, c. 138. prescribed by him all facts relative to said union and employ- ment of a superintendent. Annually upon the first day of April and whenever a new superintendent is chosen said chairman and secretary shall make return of a similar certificate. Upon approval of said certificate the superintendent so employed shall on presentation of proper vouchers receive monthly out of the sum appropriated for superintendence of towns comprising school unions and out of any moneys in the treasury not other- wise appropriated a sum equal to twice the aggregate sum paid by the towns comprising the union, provided that the amount so paid for the benefit of a single union of towns shall not exceed eight hundred dollars in one year, and provided further that the annual appropriation for payments under this act shall be deducted from state school funds. II. Whenever the chairman and secretary of school com- mittees of towns and cities having under their care and custody an aggregate of more than fifty schools, shall certify under oath to the state superintendent of schools, the form of certifi- cate to be determined by said state superintendent, that a super- intendent of schools has been employed by them for one year, and the salary that he has received, then upon the approval of said certificate by the state superintendent of schools and pre- sentation to the governor and council, a warrant shall be drawn upon the treasurer of the state for the payment to the treasurer of that town or city, of a sum equal to three-fifths the amount expended by said town or city for said superintendence, pro- vided that the amount so paid for the benefit of a single town or city shall not exceed eight hundred dollars in one year. SEC. 43. I. The towns uniting for the purpose of employ- ing a superintendent of schools shall appropriate for his salary their proportion of the sum paid said superintendent ; and the amount to be paid by each town shall be determined by dividing the entire sum expended for superintendence among the towns comprising the union in the proportion of the service performed in each town. II. The state superintendent of schools shall annually hold a conference for the instruction of superintendents serving under the provisions of sections forty to forty-two inclusive SCHOOL LAWS OF MAINE. of this chapter and he shall be authorized to expend not to exceed five hundred dollars out of the appropriation for the superintendence of towns comprising school unions to assist in defraying the mileage expenses of those superintendents who live remote from the place of such conference, but no su- perintendent shall be entitled to any part of such expenses unless he shall regularly attend all of its sessions. SEC. 44. Persons employed to serve as superintendents of Qualifica- tions of schools under section f ortv-one and section fortv-two shall super- intendents. hold state certificates of superintendence grade which shall be J 897 ' c - 296 - issued upon such examination as may be prescribed by the i 9 ^ 9 ' c- 120> state superintendent of public schools and they shall devote | 9 3 9 ' c ' 122> their entire time to superintendence, in the towns comprising 191o> ' 138 ' the union, provided, however, that they may, without violation of the provisions of this section, perform such educational ser- vice outside of the towns of their unions as may be performed with the approval of the state superintendent of schools and with the consent of the committees employing them. The powers and duties of said superintendents shall be the same as those prescribed for town superintendents in this chapter. SEC. 45. No town shall receive state aid under section forty- state aid two unless its appropriation and expenditure for superintend- wSheld. ence have been exclusive of the amount required by law for 7. ' 1905, c. 48, common school purposes. If any part of the money raised by g 8 g c 122 the town or union of towns, or paid to them by the state for 4 - ' superintendence, is expended for any other purposes than those provided for in said section, then each person so misappropri- ating said money shall forfeit double the sum so misapplied, to be recovered in an action of debt, in the name and to the use of the town, by any inhabitant thereof; and no town or union of towns shall receive further aid under said section until the amount so misapplied has been raised and expended for super- intendence by such town or union of towns. COMPULSORY EDUCATION. Towns may SEC. 46. Towns may make such by-laws, not repugnant to iaw s e c on- law, concerning habitual truants, and children between six and tTu^tl seventeen years of age not attending school, without any regular 21." 20 SCHOOL LAWS OF MAINS. ipproval. Violation of by-laws. R, S., c. 11, 22. Truant children may be placed in suitable institutions. R. S., c. 11, 23. Children be- tween certain ages must attend school unless ex- cused by committee. 1899, c. 80, 1. 1901, c. 185, 1. 1903, c. 140. 1905, c. 48, 9. 1909, c. 57. committee may exclude certain chil- dren. and lawful occupation, and growing up in ignorance, as are most conducive to their welfare and the good order of society; and may annex a suitable penalty, not exceeding twenty dollars, for any breach thereof ; but such by-laws must be first approved by a judge of the supreme judicial court. . SEC. 47. Truant officers elected as provided in section fifty- one shall alone make complaints for violations of said by-laws, and shall execute the judgments of the magistrate. SEC. 48. Said magistrate, in place of fine, may order chil- dren proved to be growing up in truancy, and without the benefit of the education provided for them by law, to be placed for such periods as he thinks expedient, in the institution of in- struction, house of reformation, or other suitable situation provided for the purpose under section forty-six. SEC. 49. Every child between the seventh and fifteenth an- versaries of his birth and every child between the fifteenth and seventeenth anniversaries who cannot read at sight and write legible simple sentences in the English language shall attend some public day school during the time such school is in session, and an absence therefrom of one-half day or more shall be deemed a violation of this requirement ; provided that necessary absence may be excused by the superintending school committee or superintendent of schools or teachers acting by direction of either ; provided also, that such attendance shall not be required if the child obtained equivalent instruction, for a like period of time, in an approved private school or in any other manner approved by the superintending school committee ; provided, further, that children shall not be credited with attendance at a private school until a certificate showing their names, residence and attendance at such school signed by the person or persons having such school in charge, shall be filed with the school officials of the town in which said children reside ; and provided, further, that the superintending school committee may exclude from the public schools any child whose physical or mental con- dition makes it inexpedient for him to attend. All persons having children under their control shall cause them to attend school as provided in this section, and for every neglect of such duty shall be punished by a fine not exceeding twenty-five dol- lars or shall be imprisoned not exceeding thirty days. SCHOOL LAWS OF MAINE. 21 SEC. 50. Children living remote from any public school in the town in which they reside may be allowed to attend the pub- lie schools, other than a high school approved as provided in t^j section sixty- three, in an adjoining town, under such regulations S 9 agre< and on such terms as the school committees of said towns agree I. 9 ' c ' upon and prescribe, and the school committee of the town in which such children reside shall pay the sum agreed upon, out of the appropriations of money raised in said town for school purposes. Except as above provided, a child attending a public school, other than a high school approved as provided in section tuition. sixty-three, in a town in which his parent or legal guardian does not reside, after having obtained the consent of the school com- mittee of such town, shall pay, as tuition, a sum equal to the average expense of each scholar in such school. SEC. 51. The superintending school committee of every inTsSI committees city and town shall annually elect one or more persons, to be shall elect . /v .,,... .. truant officers. designated truant officers, who shall inquire into all cases of 1899, c. so, neglect of the duties prescribed in section forty-nine and ascer- i9os, c. 48, tain the reasons therefor and shall promptly report the same to }W 238. said superintending school committee, and such truant officers 1913 > c - 79 - or any of them shall, when so directed by the school committee or superintendent in writing, prosecute in the name of the state any person neglecting to perform the duties prescribed in said duties. section, by promptly entering a complaint before a magistrate ; and said officer shall, when notified by any teacher that any pupil is irregular in attendance, arrest and take such pupil to school when found truant; and further such officers shall en- force the provisions of sections one hundred eighteen to one hundred twenty, inclusive, of this chapter. Truant officers, when so directed in writing by the superintendent of schools or the superintending school committee of their respective towns lishmeats - may visit the manufacturing, mechanical, mercantile and other business establishments in their several cities and towns during the hours in which the public schools of such city or town are in session, and ascertain whetber any minors under the age of fifteen years are employed therein, and shall report in writing any cases of such employment to the superintendent of schools or the superintending school committee of their city or town and if employed therein contrary to the provisions of chapter 22 SCHOOL LAWS OP MAINE. compen- sation. neglect of duty . Habitual truant shall be admon- ished and punished . 1899, c. 80, 4. 1901, c. 185, 2. 1913, c. 1. Penalty for abetting truancy. 1899, c. 80, 5. 1905, c. 48, 11. forty, shall also report in writing such illegal employment to the commissioner of labor. The owner, superintendent, overseer or agent of all manufacturing, mechanical, mercantile or other bus- iness establishments, upon request shall produce for the inspec- tion of such truant officers all certified copies of records of birth and baptism, passports and age and schooling certificates required to be kept on file in such establishments under chapter forty of the revised statutes. Superintending school committees shall elect truant officers at their first .meeting after the annual meeting of the town; they shall fill any vacancies occurring during the year and they shall have authority to fix the com- pensation of said officers and said compensation shall be paid from the appropriation made for the salaries of municipal offi- cers. Any truant officer neglecting any duty required of him under the provisions of this chapter shall be liable to a fine of not less than ten nor more than fifty dollars and any town fail- ing through its superintending school committee to meet said provisions shall be liable to the provisions of section sixteen of this chapter. SEC. 52. If a child without sufficient excuse, shall be habit- ually and wilfully absent from school or shall fail without such excuse to attend school for five day sessions or for ten half-day sessions within any period of six months, he shall be deemed an habitual truant, and the superintending school com- mittee shall notify him and any person under whose control he may be that unless he conforms to section forty-nine, the provisions of the two following sections will be enforced against them; and if thereafter such child continues irregular in attend- ance, the truant officers or any of them shall, when so directed by the school committee or superintendent in writing, enforce said provisions by complaint. SEC. 53. Any person having control of a child, who is an habitual truant, as defined in the foregoing section, and being in any way responsible for such truancy, and any person who induces a child to absent himself from school, or harbors or conceals such child when he is absent, shall be punished by a fine not exceeding twenty dollars or shall be imprisoned not exceeding thirty days. SCHOOL LAWS OF MAINE. 23 SEC. 54. On complaint of the truant officer an habitual tru- Habitual ant, if a boy, may be committed to the State School for Boys, or if a girl/ to the State Industrial School for Girls, or to any truant school that may hereafter be established. Police or municipal courts and trial justices shall have jurisdiction of such 1905,' c/4S, complaint and of the offenses described in sections forty-nine, fifty-one and fifty- three. All warrants issued by said courts or Truant orncers may trial justices upon such complaint, or for an offense committed ^^ under said sections and all legal processes issued by said courts or trial justices for the purpose of carrying into effect the pro- visions of this section and of said sections numbered forty-nine, fifty-one and fifty-three, may be directed to and executed by the truant officer, or either of the truant officers, of the town where the offense is committed. All fines, collected under said two last named sections, shall be paid to the treasurer of the city or town in which the offense is committed, for the support of the public schools therein. ^INSTRUCTION IN SECONDARY SCHOOLS. SEC. 55. Xo town shall receive state aid for the maintenance f^high ^ of a free high school unless its appropriation and expenditure R^*'. n. for such school has been exclusive of the amounts required by 1901', c. 197, law for common school purposes. ion, c. 109. SEC. s6. Any town may establish and maintain not exceed- ^ 3 J Free high ing two free high schools; and in such case shall receive the schools, town may same state aid as if the expenditures of both schols had been ^ t | bli h po- made for one. Two or more adjoining towns may unite in establishing and maintaining a free high school, and both shall receive the same state aid as if such school had been maintained sc by one town. Any town may, in addition to the sums raised f or o~f ' r , . , . . A tending second- the support of high and common schools, raise and appropriate a arv schools. , 1909, c. 148. sum for the payment of conveyance of pupils attending second- ary schools, said sum to be expended under the direction of the superintending school committee. Towns shall receive in trust and faithfully expend gifts and bequests made to aid in the * See also An Act for the improvement of Free High Schools, Chap- ter 71, P. L., 1909. and An Act additional to Chapter 71, P. L., 1909, Chapter 196, P. L., 1909. SCHOOL LAWS OF MAINE. funds received . penalty for misapplying money ap- propriated by state. Inhabitants of any sec- tion of a town may maintain free high school. 1893, c. 216, 7. officers, how chosen, powers and duties. maintenance of free high schools, and shall receive aid in such cases to the same extent and on the same conditions as if such schools had been established and maintained by taxation; and any town shall receive such state aid on any expenditure for a free high school or schools, made from the funds or proceeds of the real estate of an academy or incorporated institution of learning, surrendered or transferred to such town for educa- tional purpose; but if any part of the money so paid by the state, is expended for any other purpose than the support of such free high schools, as provided by this section, then each person so misapplying said money forfeits double the sum so misapplied, to be recovered in an action of debt, in the name and to the use of the town, by any inhabitant thereof; and no town shall receive further support from the state for any free high school, until the amount so received, but misapplied, has been raised and expended for such free high schools by such town. SEC. 57. The inhabitants of any section of a town which fails or neglects to provide for the maintenance of free high schools, may organize a free high school precinct in the man- ner hereinafter provided, and may establish and maintain a fnee high school therein, and receive state aid the same as the town might have done; provided, that no more than two such free high schools shall be established in any town, and -that the amount of aid extended to the precincts in any town shall not exceed the sum that the town might have received. On petition of any five voters resident in said section, reciting the limits of the precinct proposed, the municipal officers of the town shall call a meeting of the voters within said limits by causing notices, specifying the time, place and purposes of said meeting, to be posted in two or more conspicuous places within said limits seven days before the time appointed. Said meeting shall choose a moderator and a clerk who shall be sworn, and shall, by a majority vote of those present and voting, determine whether said precinct shall be organized. It shall choose an agent who shall be duly sworn. Such precinct may continue its organiza- tion from year to year by the holding of meetings called in the manner aforesaid, so long as the town shall neglect or refuse SCHOOL LAWS OF MAINE. 25 to support free high schools. Sections of adjoining towns may Actions of organize as herein provided, and unite in the support of such j^ iz ma y schools. But no more than two such precincts shall exist at the P recmcts - same time in any town. SEC. 58. Any town, precinct or union of towns or precincts, Location. voting to establish a free high school as herein provided, may 30." c locate the same permanently, or vote that the terms thereof be held alternately in such places within the town or towns, pre- cinct or precincts, as may be selected, and as may accept said school. The town or precinct, in which said school is thus held, _g chool . shall supply appropriate equipments, and furnish and warm a suitable building for the same; provided that any schoolhouse vvithin such town or precinct may be used for such free high school, when not required for ordinary school purposes. SEC. 59. The course of study in the free high schools, shall Course of embrace the ordinary English academic studies which are taught . . embrace. in secondary schools, especially the natural sciences in their R. s., c. 11, application to mechanics, manufactures and agriculture; but the i 897 c - 299 - ancient or modern languages and music shall not be taught therein except by direction of the superintending school com- mittees having supervision thereof. Such schools, when estab- lished by any town or union of towns, shall be free to all the youth in such town or towns who have such scholastic attain- ments as will fit them to attend such schools with profit, and the superintendent, or superintending school committee, having supervision thereof shall make such examination of candidates for admission to said schools as they consider necessary. When such school is established by any precinct or union precincts, it shall be free in the same manner to the scholars preciacts within such precincts, and open also to scholars passing the required examination from without sucii precincts, but within the towns in which said precincts are situated, on payment to the agent of the precinct in which such school is located, of such tuition, to be fixed by the superintending school committee or committees having supervision of the same, as is equivalent to the cost a scholar of maintaining such school, after deducting the aid extended by the state. Whenever in the judgment of , ,. . may admit the superintending school committees having the supervision of pupils fr any free high school or schools, the number of pupils in the town - 26 SCHOOL LAWS OF MAINE. Free high schools subject to school laws. how man- aged, estab- lished by towns. es cablished by a union of towns. established by a precinct. established by precincts in different towns. Towns may raise money to maintain free high schools. R. S., c. 11, 33. Provisions for pupils in towns having no free high schools. R. S., c. 11, 34. 1899, c. 6. 1905, c. 48, 13. 1911, c. 88. same may be increased without detriment, scholars from with- out the towns directly interested in such school or schools, may be admitted to the same on passing the required examination and paying such tuition as may be fixed by such committee, to the treasurer of the town in which the school is kept, when the school is maintained by a town or union of towns, or to the agent of the precinct in which the school is kept, when such school is maintained by a precinct or union of precincts. SEC. 60. Free high schools, established and maintained un- der the foregoing provisions, are subject to the laws relating to common schools, so far as applicable, except as otherwise pro- vided. When established and maintained by a town, they shall be under the supervision and entire management of the super- intending school committee of such town. When established and maintained by a union of towns, such school shall be under the supervision and entire management of the school commit- tees of such towns, who constitute a joint board for that pur- pose. When established and maintained by any precinct, such school shall be under the supervision of the superintending committee of such town, or of the state superintendent, when the precinct so elects, and under the financial management of the agent of the precinct, who, in connection with said commit- tee or superintendent, shall employ teachers for the same. When established and maintained by precincts composed of sec- tions of adjoining towns, such school shall be under the super- vision of the superintending school committee of such towns, who constitute a joint board for that purpose, and under the financial management of the agents of both precincts, who, in connection with said committees, shall employ the teachers. SEC. 61. Towns and precincts may raise money for estab- lishing and maintaining free high schools, and erecting buildings and providing equipments for the same, in the same manner as for supporting common schools and erecting schoolhouses. SEC. 62. Any town which does not maintain a free high school of standard grade may, from year to year, authorize its superintending school committee to contract with and pay the superintending school committee of any adjoining town or the trustees of any academy located within such town or in an ad- joining town, for the tuition of scholars within said town in the SCHOOL LAWS OF MAINE. 27 studies contemplated by the seven preceding sections. When such contract has been made with the trustees of an academy a joint committee for the selection of teachers and the arrange- ment of the course of study in such academy shall include the superintending school committees of the contracting towns with an equal number of members of the board of trustees of such academy when such academy has less than ten thousand dollars endowment. The expenditure of any town for tuition as P r -__ towns vided in this section shall be subject to the same conditions and shall entitle such town to the same state aid as if it had made such expenditure for a free high school. SEC. 63. Any youth who resides with a parent or guardian in any town which does not support and maintain a standard supporting secondary school, may attend any approved secondary school to school?, f , , may attend which he may gam entrance by permission of those having in other charge thereof, provided the said youth shall attend a school or 1903, c. 68, schools whose courses are approved by the state superintendent i|07, c. 73. of schools, and in such case the tuition of said youth, not to 1913 ' c - $ 7 - exceed thirty dollars annually for any one youth, shall be paid by the town in which he resides as aforesaid, and said tuition so paid, shall be made a part of the high school fund of the town receiving the same; and towns shall raise annually, as other school moneys are raised, a sum sufficient to pay such tuition charges, provided, however, that no youth shall be entitled to free tuition under the provisions of this section unless he shall have satisfactorily passed an examination in common examination, school branches, said examination having been given under the direction of the superintendent of schools of the town wherein such youth resides, on papers procured from the state superin- tendent of public schools, or unless such youth shall have satis- factorily completed a standard common school course of study o7nou'rles tlon which has been approved by the state superintendent of public schools; except that any youth who has satisfactorily completed the course of a B or C class high school, as provided by chapter seventy-one of the public laws of nineteen hundred nine, shall be entitled to his free tuition as hereinbefore provided for the completion of the four years of a standard secondary course without the examination herein prescribed, provided, further, that such free tuition privilege shall continue only so long as 28 SCHOOL LAWS OF MAINE:. Return* to be made. 1903, o. 68, 2. 1900, c. 112. partial reimburse- ment. Superintend- ents of schools shall make annual return to state super- intendent. R. S., c. 11, 35. 1901, c. 197, 2. 1909, c. 28. state superintend- ent to certify amounts to which towns are entitled. penalty for defrauding the state. said youth shall maintain a satisfactory standard of deportment and scholarship. It shall be the duty of superintendents of schools to issue certificates of free tuition privilege to persons who may be entitled to free tuition under the provisions of this section. SEC. 64. When any town shall have been required to pay and has paid tuition as aforesaid the superintending school com- mittee of such town shall make a return under oath to the state superintendent of public schools before the first day of Septem- ber for the preceding school year, stating the name of each youth for whom tuition has been paid, the amount paid for each, and the name and location of the school which each has attended and thereupon shall be paid, annually in the month of Decem- ber, from the state treasury out of the appropriation for the support of free high schools, to each town paying tuition and making return as aforesaid, a sum equal to two-thirds of the amount thus paid by such town not exceeding five hundred dol- lars. SEC. 65. Superintendents shall, annually, before the first day of July, make returns under oath to the state superintendent, on blanks prepared and sent out by him, of the amount appro- priated and the amount expended by each town or precinct for instruction in such free high schools during the current year ; also of the amount appropriated and the amount expended for common school purposes by each town maintaining the same ; the number of weeks during which such schools have been taught; the wages paid each teacher; the number of pupils reg- istered; the average attendance; the number of pupils in each branch of study pursued, and the amount received for tuition. If the state superintendent is satisfied that the provisions of sections fifty-five to six-two have been complied with, he shall certify to the governor and council the sum which each town or precinct is entitled to receive from the state. Any town or precinct, dissatisfied with his decision, may appeal to the gov- ernor and council and the governor and council shall issue a certificate to the treasurer of the town or agent of the precinct, for such amount as they adjudge such town or precinct entitled to receive from the state treasury. Any person connected with the management of such free high schools, either as teacher, SCHOOL LAWS OF MAINE. 29 agent or superintendent, who in any way aids or abets in de- frauding the state into the payment in support of said schools of more than is contemplated by this chapter, shall forfeit not less than five hundred dollars, or be imprisoned in the county jail not less than one year. SEC. 66. When a free high school precinct votes to raise High school precinct money for establishing and maintaining a free high school, its taxes, how clerk shall forthwith, or within the time prescribed by the pre- collected.^ cinct, certify the amount thereof to the assessors of the town, g 7|. ^ ^ and the time when it must be raised ; and within sixty days after receiving such certificate they shall assess it as they do town taxes, on the polls and estates of the residents and owners in the precinct at the time of raising said money, whether wholly in their tow r n or not, and on the non-resident real estate in the precinct. They shall then make their warrant in due form of law, directed to any collector of their town if any, if npt to a constable, requiring him to levy and collect such tax and pay it to the town treasurer within the time limited ii} the warrant; and they shall give a certificate of the assessment to such treas- urer, and may abate such taxes as in the case of town taxes. SEC. 67. The assessors may include in their assessment such Assessors sum over and above the sum committed to them to assess, not to assess exceeding five per cent, thereof, as a fractional division renders Svertay' necessary, and certify that fact to the town treasurer. 76." SEC. 68. The town treasurer shall pay the expense of assess- Expense of ing and collecting any free high school precinct tax out of the how paid. money of the precinct, upon the order of the selectmen. 77.' SEC. 69. Section thirty-one of chapter ten, and all other sec- tions relating to the same subject apply to taxes assessed by or for free high school precincts, so far as applicable; but the gJ^^J^ precinct and not the town is liable. SEC. 70. The collector or constable, and the town treasurer, dutieTof ad or treasurer and collector, if one person is both, each have the their C com- pensation. same powers and are subject to the same duties and obligations R. s., c. 11, in relation to free high school precinct taxes, as to town taxes ; and they and the assessors shall be allowed by the precinct for their services, a compensation proportionate to what they receive from the town for similar services. SCHOOL LAWS OF MAINE. Money at disposal of agent. R. S., c. 11, 80. Trustees of academies, etc., may surrender property to establish free high schools. R. S., c. 11, 36. Property, how con- veyed. R. S., c. 11, 37. Income of property, how applied. R. S., c. 11, 38. 1913, c. 70. -ciualifi ca- tion of pupils, how determined. Tuition to be paid by non- residents. R. S., c. 11, 39. SEC. 71. The money so raised and- paid shall be at the dis- posal of the precinct agent, to be by him expended as provided in section sixty. SEC. 72. The trustees of any academy or other corporation formed for educational purposes may by a majority vote of such of said trustees as reside in the state, surrender the whole, or any part of the property belonging thereto, to the municipal officers of any town, or the trustees of any school fund in any town in which said academy or corporation is situated, for turn- ing the same into a free high school as hereinafter provided, and said municipal officers or trustees, for the time being, shall be a board of trustees to take and hold said property for main- taining a free high school ; and upon receiving said property, they shall use proper diligence to make the same produce in- come for the support of said free high school. SEC. -73. When such vote is so passed, the treasurer of said trustees shall convey, assign and deliver to the municipal officers of said town, or the trustees of such fund, all property belong- ing to said academy or corporation for the purposes indicated by the preceding section. SEC. 74. The municipality accepting the property in trust, as named in section seventy-two, shall apply the income thereof towards the support of a free high school to be kept within said municipality, within the requirements of the laws relating to the establishment and maintenance of free high schools, and provide suitable accommodations for the same, and the super 7 intending school committee in said municipality shall determine the qualifications necessary to entitle any applicant to enter or attend said free high school, and no one shall attend it without certificate of said officers to that effect. SEC. 75. All scholars residing within the municipality afore- said, having such certificate, may attend said school without tuition fee, and all scholars not residents of said municipality, may attend said school upon such terms and conditions as said superintending school committee may impose. SCHOOL LAWS OF MAINE. 31 SEC. 76. Whenever it shall be made to appear to the gov- Academies ernor and council, from returns made as herein provided, that jjj any incorporated academy in the state is prepared to give in- Jo struction equivalent to that required by law to be given in free hi high schools, that the pupils attending the said academy, are annual stipend. qualified to receive such instruction, and that the teachers in 1001, c. us, the said academy have the qualifications fitting them to give in- i?p7, c. 102, struction in secondary school studies, such academy shall be entitled to receive annually from the state a sum not exceeding five hundred dollars in case it maintains an English secondary school course of study as prescribed by the state superintendent of public schools, or a sum not exceeding seven hundred and mamtam- . fifty dollars in case it maintains in addition to an English course, a college preparatory course, or a sum not exceeding one course. thousand dollars in case it maintains an English course, a col- _ maintain _ lege preparatory course and a training course for teachers, {Jon^ tiln- provided the courses of study herein named shall be subject to m ' the approval of the state superintendent of public schools, and provided that the amount paid by the state to any academy under this section shall be expended by the said academy for instruction during the year for which payment is made, and shall not exceed the total income of the said academy from all other sources; and provided further, that in addition to the i amount received from the state, a sum equal thereto shall be expended for instruction and maintenance of the academy dur- ing said year; and provided further, that every academy receiv- _ rovide ing money from the state under this section shall provide instruction as contemplated by this section for not less than thirty weeks in each year; and provided further, that no acad- emy shall be credited with maintaining a course of study under this section unless the said academy shall have an average of not less than twelve students in said course. SEC. 77. The governor and council may draw warrants on How pay the treasurer of state for the payment annually to the legal rep- ^mad?* 11 resentatives of such academies, as shall be entitled to receive 9 2. lf c ' 148> money from the state under the preceding section, at the times and in the manner provided by law for the payment of money SCHOOL LAWS OF MAINE. Conditions of state aid. 1901, c. 148, 3. 1913, c. 70. Incorpora- tion. 1901, c. 148, 4. -^ 1907, c. 91. Attendance. 1901, c. 148, 5. 1907, c. 102, 2. Income. 1901, c. 148, 6. 1907, c. 78. 1909, c. 102, 2. Institutions receiving state aid shall make report to state super- intendent. 1897, c. 246. 1901, c. 148, 7. in aid of free high schools, the amounts to which they shall be severally entitled thereunder; provided, that no payment shall be made to any academy until the state superintendent of pub- lic schools shall have certified to the governor and council all the facts which by law are made necessary to entitle an academy to receive money from the state under the preceding section. SEC. 78. No town shall receive state aid under the provisions of section sixty-two of this chapter if a free high school of standard grade is maintained in such town. SEC. 79. No academy shall receive state aid under section seventy-six unless incorporated prior to May one, nineteen hun- dred and seven. SEC. 80. No academy shall receive state aid under section seventy-six unless the average attendance in said academy for the year preceding or for five years next preceding shall exceed thirty students, and no academy shall receive to exceed five hundred dollars unless the average attendance in said academy for the year preceding shall exceed sixty students. *SEC. 81. No academy shall receive state aid under section seventy-six if said academy has an annual income from invested funds exceeding sixteen hundred dollars, and no academy shall receive state aid to exceed five hundred dollars in any given year provided the said academy has an annual income from invested funds exceeding one thousand dollars. SEC. 82. Every educational institution receiving state aid, and the officers and teachers of every academy receiving money from the state under the six preceding sections, shall annually, on or before the first day of January, report to the state super- intendent of public schools the total and average attendance, an itemized account of all the moneys received and expended dur- ing the preceding year, the number of instructors, number and length of terms, with attendance for each, and answer such other questions as he shall require, and shall make such further report to him as he may from time to time require. Such reports shall be published in the annual report of the state superintendent of public schools. Every such educational insti- * See also An Act for the encouragement of Industrial Education, Chapter 188, P. L., 1911. SCHOOL LAWS OF MAINE. 33 tution failing to comply with the above requirements shall for- feit whatever aid or assistance it would otherwise receive from the state. Wherever in sections seventy-six to eighty-two i sive, the word "academy" occurs, it shall be construed , , . ,. or institute." include seminary or institute. DUTIES AND QUALIFICATIONS OF INSTRUCTORS. SEC. 83. Presidents of colleges are removable at the pleas- o/ ure of the trustees and overseers, whose concurrence is neces- sary for their election. fits'. c ' n ' SEC. 84. No officer of a college shall receive as perquisites Fees for any fees for a diploma or medical degree conferred by such R eg s e , e c'. 11, college, but such fees shall be paid into the college treasury. SEC. 85. Every teacher of a public school shall keep a regis- ter thereof, containing the names of all the scholars who enter gsg 16 ^ n the school, their ages, the dates of each scholar's entering and 96> leaving, the number of days during which each attended, the length of the school, the teacher's wages, a list of text-books used, and all other facts required by the blank form furnished him ; such register shall at all times be open to the inspection of the school committee, and be returned to them at the close of the school. Teachers may be paid for their services at the close of each school month, but no teacher shall receive final payment for services for any term until the register herein payment t described, properly filled, completed, and signed, is deposited sendees. ei with the school committee, or with a person designated by them to receive it. SEC. 86. The presidents, professors and tutors of colleges, P^of re the preceptors and teachers of academies, and all other instruct- R^^II, ors of youth, in public or private institutions, shall use their 97 ' best endeavors to impress on the minds of the children and youth committed to their care and instruction, the principles of morality and justice, and a sacred regard for truth; love of country, humanity and a universal benevolence ; sobriety, indus- try and frugality ; chastity, moderation and temperance ; and all other virtues which ornament human society ; and to lead those under their care, as their ages and capacity admit, into a par- 34 SCHOOL LAWS OF MAINE. kindness to birds and animals shall be taught. 1891, c. 29. Forfeitures for teaching without a certificate. R. S., c. 11, 98. 1889, c. 225. ticular understanding of the tendency of such virtues to pre- serve and perfect a republican constitution, secure the blessings of liberty, and to promote their future happiness; and the tendency of the opposite vices, to slavery, degradation and ruin ; all teachers in the public schools of the state shall devote not less than ten minutes of each week of the school term, to teach- ing to the children under their charge, the principles of kindness to birds and animals. - *SEC. 87. Whoever teaches a public school without first ob^ taming a certificate from the superintendent of schools of the town, forfeits not exceeding the sum contracted for his daily wages, for each day he so teaches, and is barred from receiving pay therefor; and no certificate shall be valid for more than one year, without the approval of the superintendent of schools annually endorsed thereon. School holidays. 1901, c. 202. 1905, c. 48, U. 1907, c. 48, 1909, c. 190, 1911, c. 23. 1913, c. 195. proviso regarding Arbor day. proviso regarding Lincoln day. SCHOOL HOLIDAYS. SEC. 88. The following days shall be observed as school holidays, namely: Washington's birthday, February twenty- two; Patriot's day, April nineteen; Memorial day, May thirty; Independence day, July four; Labor day, first Monday in September; Columbus day, October twelve; Christmas day, December twenty-five; Thanksgiving and Arbor day, as ap- pointed by the governor and council. Provided, however, that Arbor day, shall not be recognized as a school holiday unless observed by teacher and pupils for the purpose for which it is designated by the governor and council. And provided, further, that Lincoln day shall be observed by devoting some part of the day to the study of the life and character of Abraham Lincoln. All teachers of public schools in the state may close their schools and draw pay the same as if their schools had been in session on any of the following days: Patriot's day, April nineteen; Memorial day, May thirty; Independence day, July four; Labor day, first Monday in September: Christmas day, * Non-effective after Sept. I, 1914, by provisions of An Act to provide for the state certification of all teachers of public schools. Chapter =;8, P. L., 1:913. SCHOOL LAWS OF MAINE. 35 December twenty-five; Thanksgiving day, as appointed by the governor and council. When any one of the above named holidays falls on a Sunday, the Monday following shall be observed as a school holiday, with all the privileges applying to any of the days above named. In addition to the foregoing each of the days hereinafter named days to be shall, upon vote of the superintending school committee of an y Jote^su" e? n town, be observed by teachers and pupils of the public schools ^Sj} 1 ^. of said town by an exercise appropriate thereto, such exercise mittee - to be held during such paft of the school session as the teacher of each school may designate. The exercises so held shall aim to impress on the minds of the youth the important lessons of character and good citizenship to be learned from the lives of American leaders and heroes and from a contemplation of their own duties and obligations to the community, state and nation of which they constitute a part. In the absence of any vote of the superintending school committee said days, herein- after designated, shall be observed as legal school holidays with the closing of schools. The days thus designated for school observance upon vote of the superintending school committee of any town shall be as follows : Washington's birthday, Feb- ruary twenty-two; Columbus day, October twelve. TEACHERS' ASSOCIATIONS. SEC 89. Whenever not less than thirty of the teachers and school officers of any county shall have formed an association and C s8!ooi under rules of government approved by the state superintendent of public schools, for the purpose of mutual improvement in the isss, c. 273, ! science and art of teaching, and of creating popular interest in, 1893, c. 283. and diffusing a knowledge of the best method's of improving our ^y how public school system, by the holding of conventions at least once every year under the supervision of the state superintendent, the state shall defray the necessary expenses attending the holding hc^pSd! 8 ' of such convention for which purpose the sum of one thousand dollars is hereby annually appropriated to be deducted and set aside therefor by the treasurer of state from the annual school fund of the state; provided, however, that no more than two proviso. SCHOOL LAWS OF MAINE;. Teachers may suspend schools dur- ing conven- tions. 1885, c. 273, 2. Certificates showing attendance must be presented. Governor to draw war- rants to pay 1885, c. 273, 3. 1909, c. 30. such associations shall be formed in any county, and that the expenses as aforesaid of no more than two conventions of any such association in any year shall be defrayed by the state. SEC. 90. Teachers of public schools may suspend their schools for not more than two days in any year during the ses- sions of such conventions within their counties and also for not more than two days in any year during the sessions of any state teachers' convention approved by the state superintendent of public schools, unless otherwise directed in writing by the school officers, and attend said conventions without forfeiture of pay for the time of such attendance, provided they shall present to the officers employing them, certificates signed by the secretaries of such conventions and countersigned by the state superin- tendent of public schools, showing such attendance. SEC. 91. The governor and council may draw warrants on the treasurer of state for the payment of bills for the expenses provided for in section eighty-nine, when such bills shall have been approved by the state superintendent of public schools, provided, however, that no bills shall be so paid except those for advertising such conventions, and for services and actual travel- ing expenses of speakers and lecturers not residing in the coun- ties in which such conventions are held. Powers of plantations to maintain schools. R. 8., c. 11, 99. 1889, c. 211. School moneys of plantations, how ex- pended. 1885, c. 281. SCHOOLS IN PLANTATIONS AND UNORGANIZED TOWNSHIPS. SEC. 92. Plantations have the same powers and liabilities as towns for electing superintending school committees, superin- tendents of schools, treasurers and collectors, and for raising, assessing and collecting school money, to be apportioned and expended as in towns. The assessors of plantations may take a census of the inhabitants thereof, at the expense of the planta- tion, and when so taken, the money raised therein for schools shall be upon the basis of such census and not upon the census of the state. SEC. 93. All moneys due plantations from the state treasury for school purposes, shall be paid to the treasurers of such plan- tations, under the same conditions as in case of towns, and the same shall be expended by such plantations, under the same restrictions and limitations as are required of towns. SCHOOL LAWS OF MAINE. 37 SEC. 94. Whenever in any unorganized township in the state ff there shall be two or more children between the ages of five and twenty-one years, the state superintendent of public schools shall $323 EJT cause an enumeration of said children to be made, and returned 8 f 9 ' c< to him, and shall provide for the schooling of said children, either by establishing a school in the township, or by sending the children to schools in adjoining towns or plantations, or both, as shall by him be deemed expedient. In case any of said chil- dren are, by the state superintendent, sent to schools in adjoin-* ing towns or plantations, said children so sent shall have the same rights in such school as children resident in said town or plantation. Provided, however, that in case the interest on the how paid. ' 1903, c. 128, reserve fund in any unorganized township together with the i- 1909, c. 87f amount arising from the per capita tax called for in this section, 1. is not sufficient to provide schooling for the children of said township for at least twenty-six weeks in a year the remainder of the expense shall be paid from the fund appropriated by sec- tion ninety-seven. Provided, further, that no money shall be expended under this section for the benefit of any township until the inhabitants of said township shall have been assessed by the duly appointed agent therefor the sum of forty cents for each of said inhabitants resident therein on the first day of April, and said agent shall have made return of such assessment to the state superintendent of schools.* SEC. 95. The state superintendent of public schools shall HOW cost of schooling certify to the governor and council the number and residences shall be paid. 1899, c. 89, of the children enumerated and schooled, as provided in the 2. preceding section, together with the cost of schooling said chil- l - dren, and the governor and council shall direct the treasurer of state to pay the state superintendent of public schools so much of the interest on the reserved land fund of the township in which said children reside as, added to the amount received from the inhabitants of the township from the per capita tax, shall pay the expense of said school. The state superintendent of public schools shall pay to the treasurer of any town or plan- tation in which he may school any of said children, such amount * See also Chapter 62, P. L. 1909, An Act to extend the privileges of secondary instruction to youths resident in Unorganized Townships. SCHOOL LAWS OF MAINE. Agents, ap- pointment and duties of. 1899, c. 89, 3. 1901, c. 206, 2. 1911, c. 24. authority of agents. 1903, c. 128, 2. iy com- pel attend- ance. 1909, c. 87, 2. school books, how supplied. Appropria- tion. 1903, c. 128, 3. 1905, c. 45. 1909, c. 87, 3. 1911, c. 29. 1913, c. 162. for each scholar as shall be his proportional part of the cost of the school to which he is sent. SEC. 96. The state superintendent of public schools may appoint agents for the several townships in which schools shall be established under section ninety-four, who shall, under the direction of the state superintendent, enumerate the pupils, assess and collect the per capita tax, employ the teacher and attend to all necessary details in connection with said schools; for which purpose the state superintendent is hereby authorized to expend annually from the appropriation for the support of schools in unorganized townships a sum not exceeding two thousand two hundred dollars. Said agents in the collection of the per capita tax aforesaid, shall have the same powers and may use the same methods as collectors of taxes in towns are authorized to exercise and use for the collecting of personal and poll taxes committed to them; said agents may act as truant officers in their several townships, and may in their discretion compel the regular daily attendance at school of every child in their townships between the seventh and seventeenth anniver- saries of his birth by arresting and taking to school any child when absent therefrom, and any parent or guardian of any such child or children, wilfully refusing to allow said children under his control to attend school, or opposing said agent in arresting and taking said children to school, may be prosecuted by said agent in the name of the state before the nearest trial justice, and if found guilty shall forfeit a sum not exceeding twenty dollars for the use of the schools in the township wherein said children are resident, or shall be imprisoned for not exceeding thirty days. The state superintendent may supply school books for the schools established under said sections under such con- ditions as to the purchase and care thereof as he may deem proper. SEC. 97. For the purpose of carrying out the provisions of the three preceding sections, there is hereby appropriated the sum of twenty-three thousand dollars annually, which sum shall be deducted and set aside therefor by the treasurer of state from the annual school funds of the state. SCHOOI, LAWS OF MAINE. 39 *STATE SUPERINTENDENT OF PUBLIC SCHOOLS. SEC. 98. The governor with the advice and consent of t council shall appoint a state superintendent of public schools, ^ f who shall continue in office three years, or during the pleasure | 8 97%. 237. of the executive ; vacancies shall be filled by a new appointment for a like term. SEC. 99. An office shall be provided for him at the seat of office at:the government, where he shall preserve all school reports of this R-JU c. n, state and of other states which he may receive, the returns from the various towns, and institutions of learning and such books, apparatus, maps, charts, works on education, plans for school buildings, models, and other articles of interest to school officers and teachers as may be procured without expense to the state. SEC. 100. In addition to the duties elsewhere specifically Duties. v. D.| C. 11, imposed on him his duties are as follows : I. To exercise a general supervision of all the public schools J^ISf 0186 and to advise and direct the town committees and superin- ver I the 1 n tendents in the discharge of their duties, by circular letters and sc personal conference, devoting all his time to the duties of his office. II. To obtain information as to the school systems of other Obtain in* ' formation states and countries, and the condition and progress of public JJJgJJj}" 18 school education throughout the world; to disseminate this in- systems - formation, with such practical hints upon the conduct of schools, improved systems of instruction, and the true theory of educa- Resolves, tion as observation and investigation convince him to be im- 1901! portant, by public addresses, circulars and articles prepared for the press, and by outlines, suggestions and directions concerning the management, discipline and methods employed in teaching, prepared for and distributed among the teachers of the schools and school officers of the state; and to do all in his power to awaken and sustain an interest in education among the people, and to stimulate teachers to well-directed efforts in their work. III. To take such measures as he deems necessary to secure state edu- ? cational con- the holding of a state educational convention once each year, ventions - * See also Chapter 171, P. L. 1907, as amended, An Act relating to the State Superintendent of Public Schools. SCHOOL LAWS OF MAINE. Summer training schools. Resolves of 1895, 1897, 1899, 1901. Publish abstract of proceedings. Issue copies of school laws and circulars of information. 1889, c.'307. Prescribe studies to be taught. Furnish rec- ord books to school officers. 1897, c. 273. Assume control of schools maintained by gifts so conditioned. 1901, c. 135. with a view of bringing together the. teachers, school commit- tees, school superintendents, and friends of education, for con- sultation with reference to the interest of public schools and the most approved method of instruction. *IV. To encourage the formation of county teachers' asso- ciations, approve rules of government therefor, and to supervise the conduct oi conventions held by such associations. He shall also conduct summer training schools for teachers, whenever provision is made by the legislature for holding such schools. V. To prepare and cause to be printed and distributed such portions of the proceedings of state institutes or teachers' con- ventions as he deems important in the furtherance of education. VI. Biennially, as soon as practicable after the adjournment of the legislature, to compile and distribute, in pamphlet form, to the municipal and school officers of the several towns, three thousand copies of the amended school laws of the state ; and to prepare and issue thus biennially, such circulars of information and advice to school officers, relating to new school enactments, as he shall deem necessary for the intelligent and effectual enforcement of such enactments. VII. To prescribe the studies to be taught in the common schools, reserving to town committees the right to prescribe additional studies. VIII. To furnish to the school officers of each town, proper blank books in which shall be kept complete and itemized rec- ords of all matters relating to moneys appropriated, received and expended for schools, which said books shall remain the property of the state. IX. To assume the control and management of all free pub- lic schools established and maintained by gifts or bequests, when said gifts or bequests are conditioned upon said state superin- tendent assuming such control and management; and he shall carry out the provisions upon which such gifts or bequests are conditioned, when said conditions are approved by the governor and council. See Chapter 188, Res. 1901. SCHOOL LAWS OF MAINE. 41 X. To perform all duties imposed upon him by any charter Perform duties im- or charters granted by the legislature to educational institutions p^ed^y in the state. * 901 ' ' 272 - XI. Annually, to report to the governor and council the result of his inquiries and investigations, and the facts obtained from the school returns, with such suggestions and recom- mendations as in his judgment will best promote the improve- ment of public schools. SEC. 101. The state superintendent shall prepare and feu> nish to the town officers such blanks as he deems proper to J?wnf return- secure the fiscal returns required in section twenty-eight. HeR g s s * me ii, shall return to the treasurer of state on the first day of July annually, a list of such towns as have made such fiscal returns ; and no school moneys shall be paid by the treasurer of state to any town, so long as it neglects to make such returns. SEC. 1 02. He shall prepare and print blank forms for all Blanks for annual school other returns required by law, or deemed by him necessary, retuma. and shall, on the first day of each March, forward to the super- ios. 1913 t c. 99. intendents of schools of the several towns, blanks for the an- nual school return as provided by section thirty-seven, and shall, on the first day of each May, forward to said superintendents blanks for the returns required by section thirty-eight. SEC. 103. He shall, on the first day of each June, notify Notify de- the school committee of any town whose returns were not re- committees; ceived at his office in May, and shall, annually, ascertain on treasurer of state number the first day of July the number of children between five and [ i s 1 ^ 1 twenty-one years of age, in the towns from which returns are^g- c - 11 - received, and furnish a list thereof to the treasurer of state. (Sections 104, 105, 106, 107 and 108 are repealed by the pro- visions of Chapter- 58, P. L. 1913, An Act to provide for the state certification of all teachers of public schools.) NORMAL SCHOOLS AND MADAWASKA TRAINING SCHOOL. SEC. 109. The northern normal school at Farmington, the eastern normal school at Castine, the western normal school Gorham, the Washington state normal school at Machias, and^cated. the Aroostook county normal school at Presque Isle, shall be yj?' c 211 conducted for the purposes and upon the principles herein set 1913 > c - 108 - forth. SCHOOL LAWS Otf MAINE. Their objects. Course of study. Art of school man- agement. Christianity and morality to be taught without sec- tarianism. Principals of normal schools or normal de- partments to forward statistics of students therein to state super- intendent. Course of study. R. S., c. 11, 108 1895, c.75. Diplomas to be issued. R. S., c. 11, 109. Applicants for admis- sion, quali- fications of. R. S., c. 11, 110. 1909, c. 27. I. They shall be thoroughly devoted, to the training of teach- ers for their professional labors. II. The course of study shall include the common English branches in thorough reviews, and such of the higher branches as are especially adapted to prepare teachers to conduct the mental, moral and physical education of their pupils. III. The art of school management, including the best meth- ods of government and instruction, shall have a prominent place in the daily exercises of said schools. IV. Said schools, while teaching the fundamental truths of Christianity, and the great principles of morality, recognized by law, shall be free from all denominational teachings, and open to persons of different religious connections on terms of equality. V. The principals of the normal schools and of all other schools in which normal departments are supported, wholly or in part, by the state, shall keep a register containing the names of all students entering such schools or departments, the date of entering and leaving, their ages, number of days' attendance, the length of the term, a list of text-books used, and all other information required in the blanks furnished by the state super- intendent. Such register and blanks shall be returned to said superintendent by the first day of each December, and the in- formation so furnished shall appear in his annual report, for the use of the legislature. SEC. no. The course of study shall occupy two years with suitable vacations; and with the terms of admission shall be arranged by said superintendent, subject to the approval of the governor and council. The trustees may arrange for a course of study, occupying three or four years, for such students as elect to pursue the same. SEC. in. Any student who completes the course of study prescribed, and otherwise complies with the regulations of the school, shall receive a diploma certifying the same. SEC. 112. Applicants for admission shall be sixteen years of age if females, and seventeen if males, and shall signify their intention to become teachers and come under obligation to teach SCHOOL LAWS OF MAINE 43 in this state for at least one year, and if they receive a diploma, two years after they have graduated; on these conditions they shall be received without charge for tuition. SEC. 113. Said schools on and after July fifteen, nineteen no^r c hundred thirteen, shall be under the direction of a board of pointment, five trustees, four of whom shall be appointed by the governor R^s., c. 11, with the advice and consent of the council, for terms of one, J^jjs, c. 11^ two, three and four years respectively, and the trustees thereaf- 1913> c - 109t ter appointed shall hold office for four years and not more than two of the four appointive members shall be of the same political party. The state superintendent of public schools is, by virtue of his office, a member of the said board of normal school trustees. Said board shall have charge of the general interests of said schools ; shall see that the affairs thereof are conducted as required by law and by such by-laws as the board adopt; employ teachers and lecturers for the same; and, annu annual financial ally, on the first dav of December lay before the governor statement to governor and council, for the information of the legislature, a financial and council, statement, furnishing an accurate detailed account of the re- ceipts and expenditures for the school year preceding. SEC. 114. The trustees of state normal schools shall main- Madawaska tain for not less than eight months annually, the Madawaska scho^L g 1887 c 82 Training School, at Fort Kent, for the purpose of training persons to teach in the common schools of Madawaska territory, so called, which school shall be under their control and direc- tion, in the same manner and to the same extent as the other state normal schools. SEC. 115. For the support of the five normal schools and the Madawaska Training School, the sum of eighty-five thous- and dollars is appropriated for the year nineteen hundred and Rs,^'. 11, thirteen and the sum of eighty-five thousand dollars is annually i897,'c. 308. 1903, c. 219. appropriated thereafter to be expended under the direction of iQ09, c. 106. 1911, c. 186. said trustees, which sum the treasurer of state shall deduct for 1913 - c - 45 - said purpose from any school money raised for the support of common schools. The governor and council may from time to time, as they think proper, draw warrants therefor on said treasurer in favor of said trustees. 44 SCHOOL LAWS OF MAINE. Blind chil- dren may be educated at Perkins Institute. 1899, c. 2. proviso. 1913, c. 46. expenses shall be paid by state. proviso. INSTRUCTION FOR THE -BLIND. SEC. 116. Upon the request of the parents or guardians, the governor may, with the approval of the council, send such blind children as he may deem fit subjects for education, for a term not exceeding ten years, and thereafter in the discretion of the governor and council, in the case of any pupil, to the Perkins Institute for the blind at South Boston, Massachusetts, pro- vided, however, that when the authorities in charge of said Perkins Institute for the Blind shall refuse for any reason, to admit such blind children to said institute then the governor may, with the approval of the council, send such children so refused to any institution for the blind wherever located. In the exercise of the discretionary power conferred by this sec- tion, no distinction shall be made on account of the wealth or poverty of the parents or guardians of such children. No such pupils shall be withdrawn from such institution except with the consent of the proper authorities thereof or of the governor; and the sums necessary for the support and instruction of such pupils in such institution, including all traveling expenses of such pupils attending such institution shall be paid by the state ; provided, however, that nothing herein contained shall be held to prevent the voluntary payment of the whole or any part of such sums by the parents or guardians of such pupils. Forfeiture, how recov- ered and ap- gropriated. . S., c. 11, 113. neglect to expend money. Penalty for disturbing schools. R. S., c. 11, 114. PENAL PROVISIONS AFFECTING SCHOOLS. SEC. 117. Forfeitures under this chapter, not otherwise pro- vided for, may be recovered by indictment, and shall be paid into the treasury of the town where they occurred, for the sup- port of schools, therein, in addition to the amount required by law to be raised; but costs of prosecution shall be paid into the county treasury ; any town neglecting for one year, so to expend such money, forfeits an equal sum to any person suing therefor in an action of debt. SEC. 118. Whoever, whether a scholar or not, enters any schoolhouse or other place of instruction, during or out O'f school hours, while the teacher or any pupil is present, and wil- fully interrupts or disturbs the teacher or pupils by loud speak- SCHOOL LAWS OF MAINE. 45 ing, rude or indecent behavior, signs or gestures, or wilfully interrupts a school by prowling about the building, making noises, throwing missiles at the schoolhouse, or in any way dis- turbing the school, forfeits not less than two, or more than twenty dollars, to be recovered as aforesaid, or on complaint. SEC. 119. If a minor injures or aids in injuring any school- gSSn^ house, outbuilding, utensils or appurtenances belonging thereto ; R ab g e ; c . llt defaces the walls, benches, seats or other parts of said buildings by marks, cuts or otherwise, or injures or destroys any school property belonging to a town, such town by a truant officer thereof, may recover of his parent or guardian, in an action of ^^J debt, double the damage occasioned thereby. SEC. 120. Whoever defaces the walls, benches, seats, black- Penalty for boards or other parts of any schoolhouse or outbuildings be- school houses. longing thereto, by obscene pictures, language, marks or de- R.^, c. n, scriptions, shall be fined not exceeding ten dollars, on complaint made within one year. SEC. 121. If an innholder, confectioner, or keeper of a shop, innhoidera, boarding house, or liyery stable, gives credit for food, drink or keepers and others, horse or carriage hire, to any pupil of a college or literary 1***- tution in violation of its rules he forfeits a sum equal to the amount so credited, whether it has been paid or not, to be recov* 125- ered in an action of debt by the treasurer of such institution; half to its use, and half to the town where it is located; and no person shall be licensed by the municipal officers for any of said employments, if it appears that within the preceding year he had given credit contrary to the provisions hereof. STATE SCHOOL FUNDS. SEC. 122. The treasurer of state shall keep a separate Permanent account of all moneys received from sales of lands appropriated R^ , 1 ^!!,' for the support of schools or from notes taken therefor, and of 1903%. 228. any other moneys appropriated for the same purpose ; and such sum shall constitute a permanent school fund, which may be put at interest as the legislature directs. A sum equal to six per cent of the amount of such fund, and one-half the sum received by the state from the tax on the franchises of savings banks, 4 6 SCHOOL LAWS OF MAINE. Treasurer to apportion school funds. R. S., c. 11, 118. See 13, 37. basis when returns are not received. school funds not to be paid until re- turns are made. Mill tax. R. S., c. 11, 119. 1907, c. Ill, 2. How as- sessed and collected. R. S., c. 11, 120. How dis- tributed. R. S., c. 11, 121. and one-half the sum assessed upon the deposits of trust and banking companies, shall be annually appropriated to the sup- port of common schools, and distributed among the several towns according to the number of children therein between five and twenty-one years of age. SEC. 123. The treasurer shall, immediately after the first day of July, apportion to the towns all the state school funds for the year, according to the list of children furnished by the state superintendent of public schools, as provided in section one hundred and three. The number of scholars belonging to a town from which either the school committee or the municipal authorities have failed to make the returns required by law, shall be reckoned by taking the number used as the basis of the last apportionment, and deducting all scholars set off to other towns, or incorporated into a new town within a year, and one- tenth of the remainder, and the residue shall be the basis of the new apportionment. Immediately after making the apportion- ment, the treasurer shall notify each town of its proportion, which shall not be paid to any town until its returns, both com- mon school and fiscal, are made to the state superintendent of public schools, nor so long as any state tax assessed upon such town remains unpaid. *$EC. 124. A tax of one and one-half mills on a dollar shall annually be assessed upon all the property in the state according to the valuation thereof, and shall be known as the mill tax for the support of common schools. SEC. 125. This tax shall be assessed and collected in the same manner as other state taxes, and be paid into the state treasury and designated as the school mill fund. tSEC. 126. This fund shall be distributed by the treasurer of state on the first day of January, annually, to the several cities, towns and plantations according to the number of scholars therein, as the same shall appear from the official return made to the state superintendent of public schools for the preceding year. * See also Chapter 177, P. L. 1909, An Act relating to the Common School Fund and the means of providing for and distributing the same. t See also Chapter 198, P. L. 1909, An Act for the equalization of school privileges. SCHOOL LAWS OF MAINE. 47 SEC. 127. All of the school mill fund not distributed or expended during the financial year, shall at its close be added to the permanent school fund. 122.' llf FUNDS FROM SALE OF TIMBER LANDS TO BE APPLIED TO SUPPORT OF SCHOOLS. (Chap. 7, Sec. 65, R. S. 1903.) The money arising from the sale of timber and grass, from trespasses on reserved lands, paid into the treasury of t county in which the township is situated, or into the state treas- ury, constitutes funds for school purposes, of which the income only shall be expended and applied as is by law provided. INSTRUCTION IN FORESTRY IN PUBLIC SCHOOLS. (Chap. 7, Sec. 65, R. S. 1903.) The forest commissioner shall take such measures as the Elementary instruction state superintendent of public schools and the president of the University of Maine may approve, for awakening an interest in \ ggi?^.' 100, behalf of forestry in the public schools, academies and colleges 15 ' of the state and of imparting some degree of elementary instruc- tion upon this subject therein. MAINE SCHOOL FOR THE DEAF. (Chapter 446, Private and Special Laws, 1897.) SEC. i. The Maine School for the Deaf is hereby estab- lished to be devoted to the education and instruction of and dumb children. 4 8 SCHOOL LAWS OF MAINE:. Location. Trustees, appointment and tenure. Duties of trustees. course of study. Admission and support of pupils. Children from other states may be admitted. SEC. 2. Said school shall be located at Portland, in the county of Cumberland, and the governor and council are hereby authorized, on behalf of the state, to accept a conveyance from the city of Portland of the school lot, building and fixtures now used as a school for the deaf in said Portland, upon the condi- tion that the state shall hereafter assume the entire charge, responsibility and expense of maintaining said school. SEC. 3. The government of said school is hereby vested in a board of five trustees, to be appointed by the governor with the advice and consent of the council, to hold office for a term of five years, except, however, that the trustees first appointed shall hold office, one for one year, one for two years, one for three years, one for four years, and one for five years. SEC. 4. The trustees shall have charge of the general inter- ests of the school and see that its affairs are conducted in accordance with law and such by-laws as they may adopt; they may adopt by-laws which shall be valid when sanctioned by the governor and council; they may employ a principal and such teachers and other employees as they may deem advisable and fix the compensation of the same, subject to the approval of the governor and council; they may from time to time prescribe the system of education and course of study to be pursued in the school and shall be allowed for their services their actual expenses and two dollars a day when actually employed. SEC. 5. With the consent of its parent or guardian, the trustees may admit to said school, for a term not exceeding twelve years, any deaf or dumb child residing in this state and not less than five years of age, who shall not be withdrawn or discharged from said school, except with the consent of the trustees or the governor and council, and the sums necessary for the support and instruction of such children while attending said school, shall be paid by the state. SEC. 6. Deaf and dumb children residing in other states may, at the discretion of the trustees, be admitted to said school upon the payment by their parents or guardian of a reasonable compensation to be fixed by the trustees. SCHOOL LAWS OF MAINE. 49 SUMMER TRAINING SCHOOLS AND THE DISTRI- BUTION OF EDUCATIONAL DOCUMENTS. (Chap. 1 88, Resolves 1901.) Resolved, That the sum of two thousand five hundred dollars summer be appropriated annually, from the state school fund, to defray soo in the expenses of holding at least four summer training schools for teachers and for the purpose of preparing and distributing among the teachers of the schools and school officers of this state, outlines, suggestions and directions concerning the man- agement, discipline and methods employed in teaching, for the purpose of promoting improved systems of instruction; said schools to be conducted by and said documents to be prepared and distributed under the direction of the state superintendent of public schools. The governor and council are hereby author- ized to draw their warrant from time to time for the expendi- ture of said sum, upon the presentation of bills properly avouched by said superintendent. AN ACT TO PROVIDE FOR THE CARE AND EDUCATION OF THE FEEBLE MINDED. (Chap. 44, P. L. 1907, as amended by Chap. 167, P. L. 1909.) SEC. i. The state shall establish and maintain a school fors cn0 oif or the care and education of the idiotic and feeble minded six SI - and years of age and upward, which shall be known as the Maine SS& to School for Feeble Minded. All such feeble minded persons sup- ported by towns in the state, who, in the judgment of the municipal officers of towns or state board of charities are capa- ble of being benefited by school instruction, shall be committed to this institution. SEC. 2. The governor shall, with the advice of the council Appointment appoint five persons, all of whom shall be inhabitants of this rustees ' state and one of that number shall be a female, to be trustees of such school. The trustees shall be appointed as follows: The first three Tenure to serve for two years, the other two for four years, and there- after said trustees shall be appointed to serve for four years. 4 SCHOOL LAWS OF MAINE. Management of school. Destitute subjects may be admitted as state charges. subjects from other states may be received. Governor, ex-officio trustee. Judge of probate may commit to school. 1909, c. 167. The said trustees shall have the general management and supervision of said school and one or more of said trustees shall visit said school as often as once each month, and said board of trustees shall annually on or before the first day of October of each year furnish a report to the governor and council contain- ing a history of the school for the year and a complete state- ment of all accounts, with all the funds, general and special, appropriated or belonging to said school with a detailed state- ment of disbursements. SEC. 3. All indigent and destitute persons in this state, who are proper subjects for said school, and have no parents, kins- men or guardian able to provide for them, may be admitted as state charges and all other persons in this state, who are proper subjects for said school when parents, kinsmen or guardian bound by the law to support such persons are able to pay, shall pay such sum for care, education and maintenance of such per- sons as the trustees shall determine, and such persons from other states having no such institution and similar schools may be received into such school when there is room for them with- out excluding state charges, at a cost to each person or those who are legally responsible for their maintenance at a cost of not less than three dollars and twenty-five cents per week. SEC. 4. The governor shall be, ex-officio, a member of the board of trustees of said school and shall annually visit said school. SEC. 5. Whenever it is made to appear, upon application to the judge of probate for any county and after due notice and a proper hearing, that any person resident in said county or any inmate of the Maine Industrial School for girls, the State School for boys, the Bath Military and Naval Orphan Asylum or any person supported by any town, is a fit subject for the Maine School for Feeble Minded, such judge may commit such person to said school by an order of commitment directed to the trustees of said school for feeble minded accompanied by a certificate of two physicians who are graduates of some legally organized medical college and have practiced three years in this state, that such a person is a proper subject for said SCHOOL LAWS OF MAINE. institution. Whenever, upon such application, there is occa compen- sion for the judge of probate to attend a hearing on days Judge of probate for other than days fixed as the regular day for holding the probate services, court, said judge of probate shall be allowed five dollars per day for his services and expenses, which shall be paid by the county treasurer upon the certificate of the county commissioners. SEC. 6. Any order of committal under this act shall be sub- Order of committal ject to appeal in the same manner by the same persons and to subject to the same exent that decrees of the judge of probate appointing guardians over persons alleged to be insane or incompetent or spendthrift, and no committal under this act shall bar habeas corpus proceedings, but the court upon habeas corpus proceed- ings may confirm the order of commitment whenever justice requires. Any inmate of the Maine School for the Feeble discharge oi iinnat6. Minded may be discharged by any three of the trustees or by a justice of the supreme or superior court of the state whenever a further detention in such school in their opinion is unneces- sary, but any person so discharged who was under sentence of imprisonment at the time of his commitment, the period of which shall not have expired, shall be committed or remanded to prison for such unexpired time. SEC. 7. Feeble minded persons shall be admitted to the insti- Order of tution in the following order: First, feeble minded persons; who are now in public institutions supported entirely at public expense; second, feeble minded persons in public institutions not supported as aforesaid; third, feeble minded persons who are not in any institution of the state, who have no parents, kinsmen or guardian able to provide for them, or who are com- mitted by a judge of probate; fourth, those residing within the state whose parents, kinsmen or guardian bound by law to sup- port such persons are able to pay; fifth, persons of other states whose parents, kinsmen or guardian are willing to pay. SEC. 8. The governor and council shall select and purchase Governor a suitable site for said school and home and the board of trus- shaiiTeiect 1 tees, as soon as appointed and organized, shall proceed as soon chase suit- as practicable to erect thereon and properly furnish and equip suitable buildings and structures to accomplish the objects set forth in this act. SCHOOL LAWS OF MAINE. Trustees to make rules and regulations. Governor shall draw warrant. accounts of trustees shall be audited. Appropria- tion. Compensa- tion of trustees. heating plants to be in charge of qualified person. Examined by municipal officers. SEC. 9. Said trustees shall have power to make all necessary rules and regulations as to admission to said institution and for the government and control of said institution and its inmates, and to do everything necessary to properly care for and educate the feeble minded of the state. For all bills contracted by the governor and council as afore- said in purchasing a site the governor shall draw his warrant tipon any money in the treasury to pay the same not otherwise appropriated, and all bills contracted by the trustees in erecting, repairing and equipping suitable buildings and operating the institution shall each year be audited by the governor and coun- cil, and the governor shall draw his warrant upon any money m the treasury to pay the same not otherwise appropriated. SEC. 10. A sum of money not exceeding sixty thousand dol- lars shall be appropriated under this act to be used and ex- pended for the purposes therein named within the next two years. SEC. ii. The trustees shall receive five dollars per day when employed and actual expenses. SEC. 12. All acts and parts of acts inconsistent with this act, are hereby repealed. AN ACT REQUIRING STEAM PLANTS IN SCHOOL BUILDINGS, CHURCHES, AND OTHER PUBLIC BUILDINGS, TO BE IN CHARGE OF COMPETENT PERSONS. (Chap. 82, P. L. 1907.) SEC. i. Whenever any school building, church, or other pub- lic building is heated by a steam plant, located in, under or near such building, such steam plant shall be in charge of a person qualified as provided by this act. SEC. 2. The municipal officers of any town or city in which any of the buildings enumerated in the preceding section, heated by steam, are located, shall require the person or persons con- templating taking charge of the steam plant for such purpose, SCHOOL LAWS OF MAINE. 53 to be first examined by them, and they shall require him to pro- duce before them proof of his competency to have charge of such steam plants; and unless the person so applying has been licensed as an engineer, or has had previous experience as a machinist, or as an engineer of a steam plant, he shall be required to satisfy said municipal officers that he possesses the requisite qualifications and experience to assume charge of the particular plant which he desires permission to operate; and if said municipal officers, after such examination, are satisfied officers that the applicant possesses the requisite qualifications for such shaiHssue work, and is of temperate habits, they, or the majority thereof, shall issue under their hands a certificate in the following form: STATE OF MAINE. 'City (or) Town of .................. : Form of This is to certify that ........... having made application certificate. to the municipal officers of the city (or) town of ............ , for permission to take charge of, and operate a steam plant located in said city (or) town, (here describe the nature of the steam plant of which the applicant is authorized to have charge, and its location) ; and having produced evidence of his competency to act in said capacity, we have issued to him this certificate as provided by chapter ......... of the public laws, approved on the ....... day of March, nineteen hundred and seven. 5 Said certificate when issued shall be filed in the office of the Certificafo* shall be filed. city or town clerk, and such clerk shall issue and deliver to said applicant a duly attested copy of such certificate, and the copy so issued shall be posted by the holder thereof, in a con- spicuous place in or near the room in which the boiler to be operated is located. SEC. 3. It shall be unlawful for the municipal officers of Unlawful . . . . . any city or town to issue the certificate provided for by this act certificate / J 'to applicant without receiving proof that the person to whom such CCTtifi- cate is issued has had experience in such work, and is in all catlon - respects qualified to discharge the duties referred to in the cer- tificate granted, and is also of temperate habits. 54 SCHOOL LAWS OF MAINE:. Duty of municipal officers when notice is received of in competency. Penalty for violation of this act. When this act shall take effect. SEC. 4. Whenever the municipal officers of any town or city receive notice in writing, signed by ten or more of the residents thereof, stating that the person in charge of a steam plant located in, under, or near, any school building, church, or other public building situated in said city or town, and furnish- ing or supplying heat for such building, is incompetent for the discharge of such duties, or by reason of negligence, intemper- ance, or any other cause, ought not longer to remain in charge of such steam plant, it shall be the duty of said municipal offi- cers to immediately suspend temporarily the authority of such person to act in said capacity; and until the investigation herein provided, can be made, shall cause a person qualified as pro- vided by this act to be placed in charge of said steam plant; and said municipal officers shall as soon thereafter as practi- cable, cause an investigation to such complaint to be made, and shall thereupon inquire into the habits and qualifications of the person so complained of, and if such person is, for any reason, found to be incompetent or unsuitable to longer remain in charge of said steam plant, said municipal officers shall imme- diately cause the certificate granted under the provisions of this act, to be revoked, and notice of such revocation shall be filed with the clerk of such city or town, and thereupon said munici- pal officers shall, if such plant is under their control, place a person qualified as herein provided, in charge thereof; and if such steam plant is not in charge of such municipal officers, they shall give the person or corporation having the control of such steam plant, notice of their findings, and if such person or corporation having control of such steam plant, shall, after the receipt of such findings, neglect or refuse to cause said steam plant to be placed in charge of some person qualified under the provisions of this act, such person or corporation shall be sub- ject to the penalties herein provided. SEC. 5. Every person violating any of the provisions of this act shall be subject to indictment, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or im- prisonment for a term not exceeding ninety days, or both, as the court in which such conviction is obtained, shall determine. SEC. 6. This act shall take effect the first day of September in the year nineteen hundred seven. SCHOOL LAWS OF MAINE. 55 AN ACT TO ENCOURAGE THE COMPILING AND TEACHING OF LOCAL HISTORY AND LOCAL GEOGRAPHY IN THE PUBLIC SCHOOLS. (Chap. 88, P. L. 1907, as amended by Chap. 138, P. L. 1909, and Chap. 159, P. L. 1911.) SEC. i. The governor, with the advice and consent of the Governor council, shall appoint a state historian, who shall be a member point state historian. of the Maine Historical Society and whose duty it shall be to compile historical data of the state of Maine and encourage the teaching of the same in the public schools. It shall also be his duties duty to encourage the compiling and publishng of town his- tories, combined with local geography. It shall further be his duty to examine, and when he decides that the material is suit- able, approve histories of towns compiled as provided in section two of this act. SEC. 2. Whenever any town shall present to the state his- May appn)Te torian material which he considers suitable for publication asgyjJJ 1 a history of the town presenting the same, then he may approve of the publication of a history with the local geography which will be suitable for the use in the grammar and high school grades of the public schools. SEC. 3. Whenever material for a town history with local Towns pub- geography has been approved by the state historian, and the same has been published by the town, and provision has been stat made for its regular use in the public schools of said town ; then the state treasurer shall pay the town so publishing a sum not exceeding one hundred and fifty dollars, provided that the state shall not pay to any town, to exceed one-half the amount paid by said town for printing and binding said histories. SEC. 4. The superintending' school committee, and the super- Board to compile intendent of schools, shall elect some citizen of the town to history, serve with them; and these persons shall constitute a board to compile a history and the local geography of the town in which they reside. Two or more towns may unite in compiling and towns publishing a history and the local geography of the towns form- ing the union. It shall be the duty of the superintendent of SCHOOIy LAWS OF MAINE. history to be placed in state library. Expenses of historian. Publication of historical data. 1909, c. 138. availa- bility. 1911, c. 159. Historical sites. 1909, c. 138. schools to forward two copies of said history to the Maine state library and notify the superintendent of public schools of the title of said history. SEC. 5. All the actual cash expenses of the said state his- torian incurred while in the discharge of his official duties shall be paid on the approval and order of the governor and council, and shall not exceed five hundred dollars per annum. SEC. 6. The state historian is authorized to expend, under the direction of the governor and council, any portion of the amount appropriated by this act, in the publication of historical matter and data relating to the history of Maine, or in making available by card catalog and otherwise historical materials in the possession of the state. SEC. 7. The marking of historical sites, as authorized by the legislature, shall be under the direction of the state historian. Salary of state super- intendent of schools. 1913, c. 12. shall em- ploy clerk who may serve as deputy. 1909, c. 125. duties. Inconsistent acts repealed. AN ACT RELATING TO THE STATE SUPERIN- TENDENT OF PUBLIC SCHOOLS. (Chapter 171, P. L. 1907, as amended by Chapter 125, P. L. 1909, and Chapter 12, P. L. 1913.) SEC. i. The salary of the state superintendent of schools is hereby established at four thousand dollars per annum. He shall receive in addition his actual cash expenses incurred in the performance of his official duties which sum shall be paid out of the specific appropriation for that purpose. He shall employ a clerk, who may serve as his deputy, at a salary not to exceed fifteen hundred dollars annually, with necessary ex- penses when on official business within the state, and such other clerical assistance as the governor and council may deem neces- sary. He shall perform his official duties at the office pro- vided for him at the seat of government and not elsewhere, not meaning however, to prohibit him from making such necessary journeys and performing such duties as are necessary or inci- dental to the immediate object of such journey. SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed. SCHOOL LAWS OF MAINE. 57 AN ACT TO PROVIDE SCHOOLS WITH FLAGS. (Chap. 182, P. L. 1907.) It shall be the duty of superintendents of schools to report tof u ^?^ d be the municipal officers of cities, towns and plantations all schools schoola - within their jurisdiction without flags, and it shall be the duty of said municipal officers to furnish flags to all such schools, to be paid for by said municipalities. These flags are to be used in all schools for the education of the youth of our state, to teach them the cost, the object and principles of our govern- ment, the great sacrifices of our forefathers, the important part taken by the Union army in eighteen hundred sixty-one to eighteen hundred sixty-five, and to teach them to love, honor and respect the flag of our country that cost so much and is so dear to every true American citizen. SECTION ONE OF AN ACT DESIGNATING THE OFFICIAL FLAG OF THE STATE OF MAINE AND DESCRIBING THE SAME. (Chapter 19, P. L. 1909.) SEC. i. The flag to be known as the official flag of the state state flag, of Maine shall be of blue, same color as the blue field in theof? cnptK flag of the United States, and of the following dimensions and designs: to wit, the length, or height, of the staff, to be nine feet, including brass spear-head and ferule ; the fly of said flag to be five feet six inches, and to be four feet four inches on the staff; in the center of the flag there shall be embroidered in silk the same on both sides of the flag the coat of arms of the state of Maine, in proportionate size; the edges to be trimmed 1 with knotted fringe of yellow silk, two and one-half inches wide, a cord, with tassels, to be attached to the staff at the spear- head, to be eight feet six inches long and composed of white and blue silk strands. SCHOOL LAWS OF MAINE:. Pupils may be excluded from school until cleansed, cured and disinfected. Duty of parents. penalty. Youths in unorganized townships may attend any second- ary school. AN ACT RELATING TO THE WELFARE OF SCHOOL CHILDREN. (Chap. 31, P. L. 1909.) SEC. i. When a teacher becomes aware or suspects that any of the pupils attending his school are in a condition which ren- ders them a source of offense or danger to the other pupils in school on account of filthiness, or because they are the bearers of vermin or parasites, or have an infection or contagious dis- ease of the skin, mouth or eyes, he shall notify the superin- tendent of schools, and when a superintendent of schools knows or learns that any of the pupils attending any school within his jurisdiction, are affected with any of the conditions, infections, or diseases herein mentioned, he shall notify the parents to cleanse the clothing and the bodies of the children and to furnish them with the required home or medical treatment, for the relief of their trouble, and the superintendent of schools may, when he deems it necessary, exclude such children from the schools temporarily or until they may be cured, cleansed and disinfected. SEC. 2. Parents thus notified of the condition of their chil- dren shall forthwith have them and their clothing cleansed and shall promptly do what is necessary, or furnish them such medi- cal treatment as may be required, to rid the children of vermin, parasites, or contagion ; and any parent who fails to do what is required so that the children may return to school with as little loss of time as is possible, shall be guilty of a misdemeanor and shall be liable to a fine not to exceed five dollars for the first offense, and not to exceed ten dollars for a second or subsequent offense. AN ACT TO EXTEND THE PRIVILEGES OF SEC- ONDARY INSTRUCTION TO YOUTHS RESIDENT IN UNORGANIZED TOWNSHIPS. (Chap. 62, P. L. 1909.) SEC. i. Any youth who resides with a parent or guardian in any unorganized township in which schools are regularly main- tained may attend any secondary school in the state to which he SCHOOL LAWS OF MAINE. 59 may gain entrance by permission of those having charge thereof, provided said school shall be of standard grade approved by the state superintendent of public schools. In such case the_ tuition tuition of such youth not to exceed thirty dollars annually shall be paid by the state under such provisions and regulations as may be made by the state superintendent and approved by the governor and council. *AN ACT FOR THE IMPROVEMENT OF FREE HIGH SCHOOLS. (Chap. 71, P. L. 1909.) SEC. i. No school shall be regarded as a high school within Classification the meaning of any of the provisions of chapter fifteen of the jjyjj*]^ revised statutes unless such school shall be included in the fol- lowing classes : Class A. This class shall include such schools as maintain class A. at least one approved course of study through four years of thirty-six weeks each and of standard grade, together with approved laboratory equipment, and shall employ at least two teachers, provided the town, precinct or union maintaining such school shall appropriate and expend for instruction therein at least eight hundred and fifty dollars annually exclusive of all tuition received. Class B. This class shall include such schools as maintain class B. one approved course of study through at least two years of thirty-six weeks and of standard grade together with approved equipment, provided the town, precinct or union maintaining such school shall appropriate and expend for instruction therein at least five hundred dollars annually exclusive of all tuitions received. Class C. This class shall include such schools as maintain at class c. least one approved course of study through four years of thirty weeks each ; provided the town, precinct or union maintaining such school shall appropriate and expend for instruction therein at least four hundred and fifty dollars annually exclusive of all tuitions received. See also Sections 55-62, Chap. 15, R. S.. 6o SCHOOL LAWS OF MAINE. Reimburse- ment of towns. Town not obliged to pay tuition under sec- ^ tions 63 J , and 64, chapter 15, R. S. Schools shall be inspected annually. When other state aid & shall cease. SEC. 2. A town, precinct or union maintaining a high school, as defined in section one of this act, shall be reimbursed by the state for two-thirds of the amount paid for instruction in such school; but in no case shall more than five hundred dollars be paid by the state to a town, precinct or union in any one year. SEC. 3. A town, precinct or union maintaining a high school, as provided in class A of section one of this act, shall not be obliged to pay tuition under sections sixty-three and sixty- four of chapter fifteen. A town, precinct or union maintaining a high school, as provided in class B of section one shall not be obliged to pay tuition under sections sixty-three and sixty-four first two years of the course of the class B school, and for only two years of subsequent work. A town, precinct or union main- taining a high school, as provided in class C of section one, shall be obliged to pay tuition for such portion of a four years course as may be determined by the state superintendent of public schools. SEC. 4. All schools of secondary grade receiving state aid shall be inspected annually under the direction of the state superintendent of public schools, and for this purpose he shall be authorized to expend not to exceed two thousand dollars annually, which sum shall be paid from the state appropriation for the support of high schools; and he shall determine what schools are included in the classification of section one of this act, what schools maintain the courses of study, what schools are entitled to state aid and what schools maintain approved courses for the reception of tuition scholars. SEC. 5. After this act takes effect all other state aid for high schools as provided by law shall cease. SCHOOL LAWS OF MAINE. 6l AN ACT ADDITIONAL TO CHAPTER SEVENTY-ONE OF THE PUBLIC LAWS OF NINETEEN HUNDRED AND NINE, ENTITLED "AN ACT FOR THE IMPROVEMENT OF FREE HIGH SCHOOLS." (Chap. 196, P. L. 1909.) SEC. i. State aid to free high schools under the provisions state ajd^ of chapter seventy-one of the public laws of nineteen hundred and nine shall be payable annually in the month of December. AN ACT RELATIVE TO THE APPOINTMENT OF SCHOOL PHYSICIANS. (Chap. 73, P. L. 1909.) SEC. i. The school committee of every city and town shall School appoint one or more school physicians and shall assign one to J^S^- the medical inspection of not over one thousand pupils of the mi public schools within its city or town, and shall provide them with all proper facilities for the performance of their duties as prescribed in this act, provided, however, the said committee has been so authorized by vote of town at regular town meeting or at a special town meeting called for that purpose. SEC. 2. Every school physician shall make a prompt exami- Duties>f nation and diagnosis of all children referred to him as herein- after provided, and such further examination of teachers, jani- tors and school buildings as in his opinion the protection of the health of the pupils may require. SEC. 3. The pupils so examined by school physicians when JSSm treated, treatment is necessary shall not be referred to the school phy- sicians for such treatment except the school physician be the regular family physician of such pupil, but shall be referred to the regular family physician of such pupil through the parents or guardian. SEC. 4. The school committee shall cause to be referred to Examination a school physician for examination and diagnosis every child afte?absence returning to a school without a certificate from the board of o? sickness, health or family physician after absence on account of illness or 62 SCHOOL LAWS OF MAINE. ixception. Notice of disease or defects. Examination of sight and hearing. notice to parent or guardian. State super- intendent of schools shall prescribe directions f9r tests of sight and hearing. amount to be expended. from unknown cause ; and every child in the schools under its jurisdiction who shows signs of being in ill health or of suffer- ing from infectious or contagious dseases, unless he is at once excluded from school by the teacher; except that in case of schools in remote and isolated situations, the school committee may make such other arrangements as may best carry out the purposes of this act. SEC. 5. The school committee shall cause notice of disease or defects, if any, from which any child is found to be suffer- ing to be sent home to his parents or guardian. Whenever a child shows symptoms of smallpox, scarlet fever, measles, chicken pox, tuberculosis, diphtheria or influenza, tonsilitis, whooping cough, mumps, scabies or trachomo, he shall be sent home immediately or as soon as safe and proper conveyance can be found, and the board of health and superintendent of schools shall at once be notified. SEC. 6. The school committee of every city or town shall cause every child in the public schools to be separately and care- fully tested and examined at least once in every school year to ascertain whether he is suffering from defective sight or hear- ing or from any other disability or defect tending to prevent his receiving the full benefit of his school work, or requiring a modification of the school work in order to prevent injury to the child or to secure the best educational results. Tests of sight and hearing shall be made by the teachers or by the school physicians. The committee shall cause notice of any defect or disability requiring treatment to be sent to the parent or guar- dian of the child, and shall require a physical record of each child, to be kept in such form as the state superintendent of public schools shall prescribe after consultation with the state board of health. SEC. 7. The state superintendent of public schools shall pre- scribe after consultation with the state board of health the directions for tests of sight and hearing, and shall prescribe and furnish to the school committees suitable rules of instruction, test cards, blanks, record books and other useful appliances for carrying out the purposes of this act. The state superintendent of public schools may expend during the year nineteen hundred SCHOOL LAWS OF MAINE. 63 and nine a sum not greater than five hundred dollars for the purpose of supplying the material required for this act. SEC. 8. Expenses which a city or town may incur by virtue mly e be e that of the authority herein vested in the school committee shall not Sty town, exceed the amount appropriated for that purpose in cities by the city council and in towns by a town meeting. The appro- priation shall precede any expenditure of any indebtedness which may be incurred under this act and the sum appropriated shall be deemed sufficient appropriation in the municipality where it is made. And such appropriation need not specify to what section of the act it shall apply and may be voted as a total appropriation to be applied in carrying out the purposes of this act. SEC. Q. The provisions of this act shall apply onlv to cities Applies to cities and and towns having a population of less than forty thousand towns inhabitants. than ^^y thousand inhabitants. AN ACT RELATIVE TO SCHOOL BUILDINGS. (Chap. 88, P. L. 1909, as amended by Chap. 89, P. L. 1913.) SEC. i. It shall be the duty of the state superintendent ofpia nsa nd public schools to procure architect's plans and specifications f or turns for" not to exceed four room school buildings, and full detail work- buildings ing plans therefor. Said plans and specifications shall benched by state super- loaned to any superintending school committee or school build- in tendent. ing committee desiring to erect a new school building. For the use of the state superintendent of public schools in procuring _ appropri . such plans and specifications the sum of two hundred dollars is igj^'c. 89. hereby annually appropriated. SEC. 2. Where the plans and specifications prepared by the planaand state superintendent are not used, all superintending school 2S?t?be committees of towns in which new schoolhouses are to be approved> erected, shall make suitable provision for the heating, lighting and ventilating and hygienic conditions of such buildings, and all plans and specifications for any such proposed school build- ings shall be submitted to and approved by the state superin- tendent of public schools and the state board of health before the same shall be accepted by the superintending school com- mittee or school building committee of the town in which it is proposed to erect such building. SCHOOIy LAWS OF MAINE. When school 3' In case no s P ec * al building' committee has been chosen by the town, the superintending school committee shall construction. have charge of the erection or reconstruction of any school building, provided that said superintending school committee may, if they see fit, delegate said power and duty to the superin- tendent of schools. School buildings shall have proper exits. kept in repair. stairways. jdoors and windows. school buildings of more than one story. when mu- nicipal offi- cers shall correct defects. AN ACT FOR THE SAFEGUARDING OF SCHOOLS AGAINST DANGER FROM FIRE. (Chap. loo, P. L. 1909.) SEC. i. Any building which is used in whole or in part as a schoolhouse shall be provided with proper egresses or other means of escape from fire sufficient for the use of all persons therein accommodated. These egresses and means of escape shall be kept unobstructed, in good repair and ready for use. Stairways on the outside of the building shall have suitable railed landings at each story above the first, accessible at each story from doors or windows and such stairways, doors or win- dows shall be kept clean of snow, ice and other obstructions. In school buildings of more than one story there shall be at least two separate means of egress by inside or outside stairway, and each story above the first shall be supplied with means of extin- guishing fire consisting of pails of water or other portable appa- ratus, or of a hose attached to a suitable water supply and such appliance shall be kept at all times ready for use and in good condition. Upon written notification by the superintending school committee that any school building does not meet the specifications herein named, the municipal officers of the town shall at once proceed to correct the defects, and any failure so to act shall render the town liable to the provisions of section sixteen of chapter fifteen of the revised statutes. LAW RELATING TO THE PROTECTION OF LIFE IN BUILDINGS USED FOR PUBLIC PURPOSES. (Chap. 28, Sec. 37, R. S. 1903, as amended by Chap. 178, P. L. I9I30 Doors to open Section 37. Every building intended temporarily or perma- 1913, c. ITS. nently for public use, and every schoolhouse of more than SCHOOL LAWS OF MAINE. one story in height, and every school-room therein, shall have all doors, intended for egress, open outwards. *AN ACT RELATING TO THE COMMON SCHOOL FUND AND THE MEANS OF PROVIDING FOR AND DISTRIBUTING THE SAME. (Chap. 177, P. L. 1909.) SEC. i. A tax of one and one-half mills on a dollar shall Assessment of tax for annually be assessed upon all of the property in the state accord- ing to the valuation thereof and shall be known as the tax for the support of the common schools. SEC. 2. This tax shall be assessed and collected in the same HOW tax snail be manner as other state taxes and shall be paid into the state assessed, treasury and designated as the common school fund. SEC. 3. One-third of this fund shall be distributed by the HOW fund treasurer of state on the first day of January, annually, to the distributed, several cities, towns and plantations according to the number of scholars therein, as the same shall appear from the official returns made to the state superintendent of public schools for the preceding year and the remaining two-thirds of said fund shall be distributed by the treasurer of state on the first days of January, annually, to the several cities, towns and plantations according to the valuation thereof as the same shall be fixed by the state assessors, for the preceding year. SEC. 4. All of the said fund not distributed or expended during the financial year, shall at its close, be added to the per- disp08ed of - manent school fund. SEC. 5. All moneys provided by towns, or apportioned by AH money to the state for the support of common schools, shall be expended for the maintenance of common schools, established and con- trolled by the towns by which said moneys are provided, or to which said moneys are apportioned. SEC. 6. Sums received by any city, town or plantation from HOW money the distribution provided by section three, shall be deemed to raised by such city, town or plantation within the meaning revised statutes, chapter fifteen, section thirteen, as amended. * Additional to Sections 124, 125, 126 and 127, Chap. 15, R. S., 1903. 5 66 SCHOOL LAWS OF MAINE. This act not to affect certain pro- visions of the revised statutes. SEC. 7. The passage of this act shall in no wise affect the provisions of sections one hundred twenty-four, one hundred twenty-five, one hundred twenty-six and one hundred twenty- seven of chapter fifteen of the revised statutes, or of section two of chapter one hundred and eleven of the public laws of nineteen hundred and seven. School equalization fund set aside. 1913, c. 182. 1911, c. 192. rate determined. 1913, c. 182. Method of distribution. 1911, c. 192. AN ACT FOR THE EQUALIZATION OF SCHOOL PRIVILEGES. (Chap. 198, P. L. 1909, as amended by Chap. 192, P. L. 1911 and Chap. 182, P. L. 1913.) SEC. i. The treasurer of state shall immediately after the first day of July, nineteen hundred thirteen, and annually there- after deduct the sum of forty thousand dollars from the state school funds and the same shall be set aside and denominated the school equalization fund which shall be used in the manner hereinafter designated for the purpose of aiding those towns wherein a rate of taxation considerably in excess of the average rate for the state fails to produce a school revenue sufficient to secure a reasonable standard of educational efficiency ; provided, that the rate of taxation hereinbefore named for the purposes of this act shall be reckoned on the basis of the amount actually raised by taxation by the town for the support of common schools, exclusive of any amounts received from the state. SEC. 2. It shall be the duty of the state superintendent of public schools to cause a special investigation to be made of the educational facilities of such towns as are included under section one of this act and, whenever it appears to the state superintendent that any town should receive special aid or encouragement for the purpose of raising the standard of quali- fications of common school teachers or of increasing the length of the school year or otherwise adding to the efficiency of the common schools he shall issue to the governor and council a recommendation relative thereto and the governor and council shall have authority to draw a warrant in the favor of the treasurer of said town for the payment from the equalization SCHOOL LAWS OF MAINE. 67 fund of a sum which shall be expended under the direction of the superintending school committee of said town in accordance with the recommendation as made by the state superintendent of public schools and within the purposes of this act. The state superintendent of public schools shall be authorized expend for the special investigation of educational facilities herein provided a sum not to exceed two thousand dollars which shall be deducted from the equalization fund and he shall annually publish in his printed report a complete statement rela- tive to all disbursements as provided in this act. SEC. 3. All of the school equalization fund not distributed Fun^d nor expended during the financial year shall at its close added to the permanent school fund. LAWS RELATING TO THE EMPLOYMENT OF WOMEN AND CHILDREN IN MANUFACTURING OR MECHANICAL ESTABLISHMENTS IN THIS STATE. (Sees. 48 to 54, Chapter 40, R. S. 1903.) Section 48. No female minor under eighteen years of age, Hours of labor no male minor under sixteen years of age, and no woman shall women in be employed in laboring in any manufacturing or mechanical establish- 111 establishment in the state, more than ten hours in any one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed _ fift eight fifty-eight in a week; and no male person sixteen years of age houra a week< and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them, if any, or guar- dian and in such case he shall receive extra compensation for his services; provided, hozvever, that any female of eighteen years of age or over, may lawfully contract for such labor for any number of hours in excess of ten hours a day, not exceeding six hours in any one week, or sixty hours in any one year, 68 SCHOOI, LAWS OF MAINE;. receiving additional compensation the-refor; but during her mi- nority, the consent of her parents, or one of them, or guardian, sha11 be first obtained. Nothing in this section shall apply to any manufacturing establishment or business, the materials and wich C are f products of which are perishable and require immediate labor ignl^fe. thereon, to prevent decay thereof or damage thereto. Section 49. Every employer shall post in a conspicuous place shTnpolt in every room where such persons are employed, a notice hours of labor, printed in plain, large type, stating the number of hours' work required of them on each day of the week, the exact time for commencing work in the morning, stopping at noon for dinner, commencing after dinner, and stopping at night; form of such ^otS f printed notice shall be furnished by the commissioner of labor, ion, c. 143. an( j s j ia jj k e approved by the attorney general. And the em- ployment of any such person for a longer time in any day than employment that so stated, shall be deemed a violation of the preceding see- the deemed tion, unless it appears that such employment is to make up for violation. . , - , , . time lost on some previous clay of the same week, in conse- quence of the stopping of machinery upon which such person was employed or dependent for employment. vStn for Section 50. Whoever, either for himself, or as superintend- 1887, c. 139. ent, overseer or agent of another, employs or has in his em- ployment any person in violation of the provisions of section forty-eight, and every parent or guardian who permits any minor to be so employed, shall be punished by a fine of not less than twenty-five, nor more than fifty dollars for each offense, certificate A certificate of the age of a minor made by him and by his gudian ' parent or guardian at the time of his employment, shall be con- evidence elusive evidence of his age in behalf of the hirer, upon any prosecution for a violation of the provisions of section forty- penalty eight. Whoever falsely makes and utters such a certificate with for false . certificate. an intention to evade the provisions of this chapter relating to the employment of minors, shall be subject to a fine of one hundred dollars. Employers Section 51. Any person, firm or corporation engaged in any w5h em- ' manufacturing or mechanical business, may contract with adult ployees, that . . ....... a week's or minor employes to give one week s notice of intention on notice to ouit work, such employe s part, to quit such employment under a penalty shall be given. ' J 1887, c. 139. forfeiture of one week's wages. In such case, the employer SCHOOL LAWS OF MAINE. 69 shall be required to give a like notice of intention to discharge' the employe; and on failure, shall pay to such employe, a sum equal to one week's wages. No such forfeiture shall be enforced when the leaving or discharge of the employe is for a reasonable cause. Provided, however, that the enforcement of the penalty aforesaid, shall not prevent either party from recovering damages for a breach of the contract of hire. Section 52. No child under fourteen years of age shall be fourteen e . years of employed or allowed to work in or in connection with any man- age, not to ufacturinef or mechanical establishment. It shall be unlawful * manufac- turing estab- for any person, firm or corporation to employ for wages or hire Jjjments, any child under fourteen years of age in any manufacturing, J|gJ- ^ mechanical, mercantile or other business establishment, or in any telephone or telegraph office; or in the delivery and trans- mission of telephone or telegraph messages during the hours that the public schools of the town or city in which he resides are in session. Whoever, either for himself, or as superintend- ent, overseer or agent of another, employs or has in his employ" any child in violation of the provisions of this section, and every parent or guardian who allows any child to be so em- ployed shall be punished by a fine not less than one dollar nor exceeding fifty dollars for each offense. Section 53. No child over fourteen years of age and under Conditions under which sixteen years of age shall be employed or allowed to work in any a child J between the manufacturing or mechanical establishment until he, or some ages of 14 and 16 years one in his behalf, shall have produced and presented to the maybe employed. owner, superintendent, overseer or agent of such establishment, J|jg c. 46^ a certified copy of the town clerk's record of the birth of such child, or a certified copy of his baptismal record showing the date of his birth; or his passport showing the date of his birth; or an age and schooling certificate duly issued to him as herein- after provided. No such child between his fourteenth and fif- between fourteenth teenth birthdays shall be employed or allowed to work in any a manufacturing, mechanical, mercantile or other business estab- lishment, or in any telephone or telegraph office; or in the de- livery and transmission of telephone or telegraph messages dur- ing the hours in which the public schools of the city or town in which he resides are in session, until he shall have produced SCHOOL LAWS OF MAINE. between ' fifteenth and sixteenth birthdays. employer shall keep on file record of child employed. blank em- ployment certificates. certificate to be re- turned to child on leaving em- ployment. duty of commis- sioner of labor to examine certificates. 1911, c. 143. penalty for violation of this section. and presented to the owner, superintendent, overseer or agent of such establishment an age and schooling certificate duly issued to him as hereinafter provided. No such child between his fif- teenth and sixteenth birthdays shall be employed or allowed to work in any manufacturing or mechanical establishment during the hours in which the public schools of the city or town in which he resides are in session, until he shall have produced and presented to the owner, superintendent, overseer or agent of such establishment an age and schooling certificate duly issued to him as hereinafter provided. The employer shall keep on file such birth record, baptismal record, passport or age and school- ing certificate in duplicate containing the name of such child, the name of his parents, guardian or custodian, and such data as may be required by the commissioner of labor. Blank em- ployment certificates, in form approved by the attorney general, shall be furnished by the commissioner of labor. One of such certificates shall be delivered to such child and the other be immediately forwarded to the office of said commissioner of labor to be kept on file by him. When such child leaves such employment, the employer shall return to such child the copy of the town record, baptismal record, passport or age and schooling certificate furnished by him as aforesaid, and shall immediately notify said inspector that such child has left his employ. The commissioner of labor or any of his assistants, may demand of any employer or corporation the names of all children under sixteen years of age in his employ in the sev- eral cities and towns of the state, and may require that the birth record, baptismal record, passport or age and schooling certificate of such children shall be produced for his inspection,, and the failure to produce the same shall be prima facie evi- dence that the employment of such child is illegal. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in viola- tion of the provisions of this section, and every parent or guar- dian who allows any child to be so employed shall be punished by a fine of not less than one nor more than fifty dollars for each offense. SCHOOL LAWS OF MAINE. 71 Section 54. Age and schooling certificates may be issued the superintendent of schools of the city or town in which child resides, or some person designated and authorized writing by the school committee, and such age and schooling Jjg-jj |j- 257. certificate when duly issued shall excuse such child from attend- excuses from school ance at public school; but no person shall issue such certificate attendance^ to any minor then in or about to enter his employment, or the employment of a firm or corporation of which he is a member, stockholder, officer or employee. The person who issues the certificate in accordance with the provisions of this section is hereby empowered to administer the oath provided' for therein, but no fee shall be charged therefor. Section 55. An age and schooling certificate shall not issued until the child applying therefor, or some person in his behalf, shall furnish satisfactory evidence of the age of the child, which evidence shall be a certified copy of the town clerk's age?! child record of the birth of said child, or a certified copy of his bap-?907c?46.' tismal record, showing the date of his birth, or a passport show- ing the date of his birth, or other document satisfactory to the superintendent of schools or the person authorized to issue such age and schooling certificates; nor until such child has demon- _ nor tm strated his ability to read at sight and write simple sentences in the English language, and perform simple arithmetical lems involving the fundamental processes of addition, subtrac- tion, multiplication and division, such educational test to be pre- pared and furnished by the superintendent of schools or the school committee of each city and town in the state ; or has fur- nished a certificate to that effect signed by any teacher in any of the public schools of the city or town in which such child resides, or by the principal of any approved private school. The superintendent of schools, or the person authorized to issue . certificate of such age and schooling certificates, may require, in doubtful g^ ic JS n ed nay cases, a certificate from the school physician, or, in case there is 1913 c - 87 - no school physician, from the medical officer of the board of health certifying that the child is physically able to perform the work which it intends to do; said certificate must be signed Dy the child in the presence of the examining physician. The state factory inspector, his deputy or agent, may require a SCHOOL LAWS OF MAINE:. Attorney general shall prepare and furnish form of certificates. 1907, c. 46. 1909, c. 257. similar certificate, in doubtful cases, of 'minors employed under an age and schooling certificate. Section 56. The form of the age and schooling certificate provided for in section fifty-three of this act shall be prepared and furnished to the superintendent of schools or the school committee of the cities and towns by the attorney general and shall be substantially as follows: Form of certificate. AGE AND SCHOOLING CERTIFICATE. Revised Statutes, Chapter forty, Section fifty-three. This certifies that I am the , father, mother, guardian or custodian, of , name of child, and that he was born at , name of city or town, in the state, or county, of on the .... day of in the year and that at, his or her, last birthday he was .... years old. City or town and date. : ,Signature of parent, guardian or custodian. Then personally appeared before me the above named, name of person signing, and having produced for my inspec- tion the record passport of said child, made oath that the foregoing certificate by him or her, signed is true to the best of 'his or her, knowledge and belief. Having no sufficient reason to doubt that he is of the age therein certified, I hereby approve the foregoing cer- tificate of name of child ; whose signature, written in my presence, appears below ; whose height is feet and inches ; complexion is fair or dark ; hair is color. I hereby certify that he has satisfac- torily demonstrated , his or her, ability to read at sight and to write legible simple sentences in the English lan- guage, and to employ the fundamental principles of arithmetic, according to the test supplied by the local superintendent of public schools; that he has presented us a certificate to that effect signed by the principal a teacher of some public school in said town, or that he has presented a certificate signed by the principal of an evening school in said town to the effect that he, said child is a regular attendant in said evening school. SCHOOL LAWS OF MAINE. 73 This certificate belongs to , name of child, and is to be surrendered to , him or her, whenever he leaves the service of the employer holding the same, but if not claimed by said minor within thirty days from the time when he leaves such employment, it shall be returned to the superintendent of schools, or to the person by whom it is issued. Signature of child. Signature of person authorized to issue and approve, with official character or authority. City and town and date. Whoever, being authorized to sign the foregoing age and Pen ait y f c schooling certificate, or whoever signing any certified copy of a town clerk's record of births, or certified copy of a child's p?piSent- baptismal record, shall knowingly certify to any false statement SSecdn- " therein, and any parent or guardian who presents, or who per- statement, mits or allows any child under his control to present, to any employer, owner, superintendent, overseer or agent as required under section fifty-three, any certified copy of birth or baptismal record, or passport, or age and schooling certificate containing any false statements as to the date of birth or age of such child, knowing them to be false, shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars for each offense. Section 57. Nothing in the nine preceding sections shall apply to es- * tablishmenta, apply to any manufacturing establishment or business, the ma- terials and products of which are perishable and require imme- p diate labor thereon, to prevent decay thereof or damage there- H^ J; 357. to. Provided, however, the employment of children therein _ provigo . shall be under the supervision of said inspector who shall on complaint investigate the sanitary conditions, hours of labor and other conditions detrimental to children, and if in his judgment he finds detrimental conditions to exist, he may in conjunction with the municipal officers of the town or city in which the com- plaint is made, prohibit the employment of children therein until such conditions are removed. 74 SCHOOIv LAWS OF MAINE. State super- intendent shall inves- tigate, advise and aid in matter of industrial education. Industrial courses shall be introduced into state normal schools. expendi- ture. 1913, c. 37. Aid to towns for courses in elementary schools. amount. AN ACT FOR THE ENCOURAGEMENT OF INDUS- TRIAL EDUCATION. (Chap. 1 88, P. L. 1911, as amended by Chap. 37, P. L. 1913.) SEC. i. The state superintendent of public schools shall be charged with the duty of extending the' investigation of meth- ods of industrial education, he shall advise and aid in the intro- duction of industrial courses into free high schools and acad- emies aided by the state and shall report on all special schools in which industrial education is carried on. It shall be his duty to inspect the courses of study offered in such free high schools and academies and he shall have authority to approve such courses in all schools aided by the state. SEC. 2. The trustees of the state normal schools shall cause to be introduced into all of the said normal schools such courses in manual arts, domestic science and agriculture as will enable their graduates to teach elementary courses in those subjects in the rural and grade schools. In not more than one of said schools the course in manual training shall be so extended as to offer opportunity to persons desiring to qualify as special teachers of that branch, and in not more than one the course in domestic science shall be so extended as to offer similar opportunity to persons desiring to qualify as special teachers thereof. For the two special courses thus offered the trustees are authorized to expend annually not to exceed six thousand dollars, which shall be additional to other sums appropriated for the support of said normal schools and which the treasurer of state shall deduct from any funds raised for the support of common schools. SEC. 3, Whenever the superintendent of schools of any town shall certify under oath to the state superintendent of pub- lic schools according to form prescribed by the state superin- tendent, that instruction in manual training or domestic science nas been provided pupils of elementary schools for the year pre- ceding, then upon approval of such certificate of the state super- intendent of schools state aid shall be paid to the amount of two-thirds the total salary paid each teacher, provided that the amount so paid by the state for the employment of any one SCHOOL LAWS OF MAINE. 75 instructor shall not exceed eight hundred dollars in one year and provided further that the appropriation made by the town for this purpose shall be exclusive of any other sum received from the state for the support of common schools and of the minimum requirement raised by the town as prescribed by sec- tion thirteen of chapter fifteen of the revised statutes as amend- ed, and provided further that the course of study, equipment approval, and qualifications of instructors shall have been approved by the state superintendent of public schools. SEC. 4. The superintending school committee having charge Aid for of any free high school or the trustees of any incorporated Sco^dar? academy may provide for instruction therein in the principles scl of agriculture and the domestic and mechanic arts. Whenever it shall be made to appear to the governor and council, from returns made as herein provided, that in any free high school or academy instruction has been furnished during the preceding year in the principles of agriculture, the mechanic arts or do- mestic science the said governor and council shall direct the treasurer of state to pay to the town supporting such free high school or to the treasurer of such academy in addition to other amount, state aid if any, a sum equal to two-thirds the total expenditure for instruction in each of said courses, provided, however, that no school shall receive a total in excess of five hundred dollars in any one year for the support of said courses, and provided that state aid shall not be allowed for any course which has an average attendance of less than twelve students and provided further that such aid shall not be granted unless the course of study, equipment and qualifications of instructors shall first _ approval . have been approved by the state superintendent of public schools. SEC. 5. Chapter one hundred and two of the public laws of chapter 102, nineteen hundred and nine is hereby repealed. repealed 909 ' SEC. 6. Whenever the superintending school committee of Aid to towns any town shall have maintained during the school year an even- ing school as provided by section twenty-two of the revised scl statutes said town shall be reimbursed by the state a sum equal to two-thirds the amount paid for instruction in such evening school provided there shall have been offered, in addition to 76 SCHOOL, LAWS OF MAINE:. Establish- ment of industrial schools. support. state aid. amount. Appropri- ation. 1913, c. 37. reports. the subjects elsewhere prescribed for evening schools, courses in free hand or mechanical drawing, domestic science or manual training or the elements of the trades. SEC. 7. The superintending school committee of any town when authorized by vote of the town shall establish and main- tain as a part of the public school system of such town a gen- eral industrial school for the teaching of agriculture, household science, the mechanic arts and the trades. Such general in- dustrial schools shall be open to pupils who have completed the elementary school course or who have attained the age of fif- teen years. The authority and duties of the superintending school committee and of the superintendent of schools in rela- tion to such industrial schools shall be the same as in the case of the common and high schools, but the support of such schools shall be derived from funds raised in addition to any sums appropriated for the support of common and high schools. Whenever it shall be made to appear to the governor and coun- cil that any town has provided instruction in the trades and industries in a general industrial school maintained therein for a period of thirty-six weeks during the school year, and em- ploying at least one teacher whose work is devoted exclusively to such instruction and having an average attendance of at least twenty pupils the governor and council shall direct the treas- urer of state to pay to the treasurer of such town a sum equal to two-thirds the total amount spent for instruction in said school provided that not more than two thousand dollars shall be paid by the state to any one town in any year. SEC. 8. For the purposes of this act there shall be de- ducted annually by the treasurer of state from the school and mill fund the sum of forty thousand dollars and any of this amount so deducted that is not apportioned during the financial year shall at its close be added to the permanent school fund. All reports required under this act shall be filed annually with the state superintendent of public schools on or before the first day of July and state aid shall be payable during the month of December next succeeding. SCHOOL LAWS OF MAINE. 77 AN ACT TO SAVE TOWN OFFICERS THE EXPENSE OF JURATS UPON CERTAIN RETURNS. (Chap. 15, P. L. 1913.) Section I. Town or municipal officers, who have been duly Town officers sworn to the faithful performance of their duty, shall not be to t required to make oath or affirm to any report, account or state- made 'to state. ment to be filed with any of the state departments. Section 2. Any acts or parts of acts in conflict herewith, a ?terepe1aed. are hereby repealed. AN ACT TO PREVENT THE ORGANIZATION OR EXISTENCE OF SECRET SOCIETIES IN THE PUB- LIC SCHOOLS. (Chap. 34, P. L. 1913-) Pupils Section i. It shall be unlawful for any pupil of any public, elementary or secondary school to participate in or be a member of any secret fraternity or secret society whatsoever that is in any degree a school organization. Section 2. Superintending school committees are hereby gu erintend authorized to enforce the provisions of this act and to expel or otherwise discipline any pupil for failure or refusal to comply with its provisions. of this act. AN ACT TO PROVIDE FOR THE STATE CERTIFICA- TION OF ALL TEACHERS OF PUBLIC SCHOOLS. (Chap. 58, P. L. 1913.) Section i. It shall be the duty of the state superintendent of public schools to cause to be held at least once each year at such times and at such places as he may designate, public examination of candidates for the position of teachers in the public schools. Section 2. The examination herein provided for shall test Tests re Injury to "9 plans for * School census f 2 may be retaken for deaf $1 for feeble minded ^ JJ funds - no distribution of expenditure of J? holidays JJ laws 1K 7 money, how paid by towns "? ' of plantations ' withheld 6 { physicians 51 Schooling certificates 22 9 Schools evening jg fifty, superintendents of more than.... ** in plantations and unorganized townships in unorganized townships, agents for * Normal and training appropriation for 1[ summer 49 appropriation for ^ Q Second hand books / ' V V L\" 58 Secondary instruction, unorganized townships 23 schools, instruction in ^ 7T Secret societies 28 H Selectmen, duties of 35 33 Services of teachers 6 62 Sight, examination of 7 66 Sites, historical 76 31 State aid, academies 55 23 free high schools M 24 bavin* "or;' than 'fifty' schools ". . 42 1| union of towns 45 19 withheld SCHOOL LAWS OF MAINE. Section. Page. educational conventions .................................. 100 39 historian ................................................. 1 55 school fund ............................................. 122 45 superintendent of schools ........"" ......................... 98 39 annual report of ............... 100 41 appointment of ................. 98 39 clerk of ........................ 1 56 deputy ......................... 1 56 duties of ...................... 100 39 investigate industrial education.. 1 74 office of ........................ 99 39 salary of ....................... 1 56 Statistics of normal schools ................................... 109 42 Steam plants in school buildings .............................. 1 52 Students, credit to ............................................ Studies in common schools . . ............................... 100 40 Summer training schools ...................................... 100 40 appropriation for .................... Superintendence grade certificate ............................... 44 of schools through the union of towns ......... 40 Superintendent, compensation of ............................... 33 12 discharge of .................................. 34 12 election of .................................... powers and duties of ......................... Superintending school committee, arrange terms ................. 30 11 election of .................. 29 11 member of shall not teach .... 30 powers and duties of ........ 34 secretary of ................. 36 14 serve without pay ........... vacancies in ................. 30 11 Suspension of school ........................................... schools for conventions .......................... T. Tax, mill, assessment of ............... . ....................... * for school purposes ................................. not affected by error in location of school ........ t ........ Teacher, dismissal of ......................................... Teachers, employment of ...................................... payment for services of ............................. qualifications of ..................................... Teachers' associations ......................................... certificates ......................................... certificates ......................................... failure to secure ....................... failure to secure ...................... grades of ............................. examinations ....................................... appropriation for .......... ........... y pensions registers ........................................... Tender to be allowed in payment of lot ......................... Terms, length of .............................................. x i Tests for sight and hearing .............. ...................... < Text-books, change of ......................................... .distribution of .................................... exclusive use of ................................... loss of and damage to ............................. J purchase of ....................................... ^ *~ second hand town shall provide uniform system of Thanksgiving Day ................................ 55 T Wn o h fficers e not YequiVed" to 'take 'oath' to returns! \ '. 1 Towns delinquent .......................... ................... fi duties of .............................................. OR providing free tuition in academy ...................... * Training course for teachers in academies ...................... TJ school, Madawaska .......... .................... appropriation for ................ Transportation of pupils . ^^ - '-"- 56 23 Truancy ............................................... abetting .............................................. SCHOOL LAWS OF MAINE;. Section. Page. Truant officers 47 20 election of 51 21 compensation of 51 22 duties of 51 21 in unorganized townships 96 38 neglect of duty by 51 22 Truants, arrest of 54 23 disposal of 48 20 institutions for 54 23 Treasurer of State to apportion school money 123 46 to be furnished with number of persons of school age 103 41 Trustees of academies 72 30 normal schools 113 43 school for deaf 3 47 school for feeble minded 2 49 Tuition in common schools 50 21 secondary schools 62 26 returns 64 28 u. Unexpended balance 15 7 of mill fund 127 47 Union of towns to elect superintendent 40 16 approval of 40 16 continuance of 40 17 formation of 41 joint committees of 41 17 schools 18 8 management of superintendents, appropriation for salaries of compensation of 17 conference of 42 election of 41 17 qualifications of Unorganized townships, schools in appropriation for 97 secondary instruction in 1 58 V. Vaccinated, exclusion of scholars not 35 13 w. Washington Normal School 109 41 Washington's Birthday Welfare of school children 58 Wtihholding of State aid Women, employment of Y. Year, minimum school 17 8 UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW 06565 Tn a. UNIVERSITY OF CALIFORNIA LIBRARY