^^-wl! ■^-i^"^'- '^m,- ' \^ m^^ <^ "^i\. LI B RAR.Y OF THE UNIVERSITY Of ILLI NOIS ^s COMPULSION AND THE CODE SUGGESTIONS FOR A MORE UNIFORM SYSTEM OF EDUCATIONAL COMPULSION, WITH CORRESPONDING ADAPTATIONS OF THE CODE REGULATING THE PARLIAMENTARY GRANT BY A. E. B. SECOND EDITION solir at tlje National Society's Depository westminster AND BY ALL BOOKSELLERS 1881 Price Fotirpcnce PREFACE TO SECOND EDITION. It is the fundamental idea of this essay, that the sub- ject of the rights and obHgations of the parent — involving a reconsideration of some of the rules, which, at first sight, seem only to affect the grant — forms a branch of the Elementary Education Question scarcely yet sufficiently examined, whether from a social, a political, or even a moral and religious point of view. The changes in the present Edition will be found to relate almost entirely to points of detail, and will probably sufficiently explain themselves. There is one, however, of considerable importance, affecting the grant for half-time scholars. The * Supplementary Suggestions,^ already placed before the readers of the First Edition, are incorporated in the present impression. For the criticisms and suggestions of various friends, more especially teachers, the writer has had much cause to be grateful. Two further proposals are now also offered, as 'Additional Suggestions.' Afril, 1881. COMPULSION AND THE CODE The following suggestions, many of which have already appeared in the correspondence columns of the School Guardian^ are submitted to the friends of elementary education, in the hope of securing the discussion of a large number of important points, both of principle and detail, affecting the present administration both of the compulsory law and of the Parliamentary grant. It seemed impossible to raise these questions in a concise manner, without putting them into the form of a scheme like the following. Many of the changes proposed would require fresh legislation; others could, with slight modification, be adapted to existing bye-laws and to the Code of the Department. No claim is here made to novelty or originality, the principal object in view being to remove difficulties in the way of alterations generally regarded as in themselves desirable. GENERAL PROPOSITIONS. I. That compulsion and examination should go hand- in-hand, so that, during the whole course of a child's school life, the parent may have the utmost possible liberty of choice as to the way in which the indispensable minimum of teaching shall be provided, and may be able to show, from year to year, that he is fulfilling the duty imposed upon him by the conditions of modern life and by the laws of the country. 2. Tliat it should be deemed the first obligation of a public elementary school to enable every child attending it to obtain his industrial freedom as early as possible ; but (subject only to this condition) that the rule which expects progress of every child in all the three fundamental subjects pari passu need not be retained. 3. That all educational requirements should be enforced in each district *by the same authority, and should be the same for all classes of children partially employed in labour, so far as circumstances render possible ; whilst the * half- day' system is pecuharly and unnecessarily inconvenient in many respects. 4. That the * Child's School Book ' should be a real and reliable record of each child's educational course. Hence the regulations affecting it should be such as to make it valuable primarily to the parent, in whose custody it should remain. 5. That school attendance should only be required as the alternative of proved proficiency, this being, of course, a necessary inference from the first of the principles here enumerated. 6. As a further consequence, that no entry of school attendances should be made in the school book. 7. That it is an infringement alike of the liberty of the subject and of the doctrines of political economy, and ultimately very dangerous to the cause of education itself, for the State to discourage or suppress all schools not supported by public money, unless they profess to be managed by persons having no pecuniary interest in them, as is now virtually the case. 8. That the present anomalous position of public elementary school teachers, which renders them doubly responsible to the State and to their committees of manage- ment, is wholly untenable, and should be put an end to, by making the certificate, if retained at all, a purely professional diploma without endorsement. 9. That the possession of a certificate by the teacher ought not to entitle a school to be placed and retained on the Government list, unless direct and tangible minimum results can be shown. 10. That the liability of the managers to provide^ staft according to the attendance ought to be merely a guarantee of their continued interest in the school, and should be separated from all necessary connexion with the training of future teachers. 11. That this liability having all along been determined by the average attendance, and not by the number of scholars under permanent instruction, it is of importance that every attenda7ice of every child should possess equal value as regards the grant.* 12. That this cannot be the case while the grant is largely dependent, not simply on the proficiency^ but on the * Subject to a qualification hereafter to be explained. number of scholars, not in average^ but in regular attendance. 13. That whatever may have been the case before the establishment of an administrative machinery for securing attendance, managers are not now entitled to claim credit, nor ought they to be held responsible, for the regularity of their scholars. 14. That the principle upon which grants are at present administered unnecessarily creates a temptation to evade, wherever it may be possible, the obligation of admitting children who cannot possibly complete their attendances, and is consequently incompatible with one of the principal objects of recent legislation. [As an illustration, take the case of two infant schools equally efficient, each meeting 450 times in the school year. To one of these schools five fresh infants are admitted, making 270 attendances each in the course of the year : total, 1,350. To the other school, 7ii7ie fresh infants are admitted, making 150 attendances each : total, 1,350, as before. This constitutes an addition of three children to the average attendance of each of the two schools, pro- ducing an additional grant of i8i-. to each. But, in the one case, this is the whole addition to the grant; in the other there are also five children, for each of whom a grant of lox. maybe claimed on presentation, or a total of ;2^2. lox. Do the nine irregular infants, or the five regular ones, form the larger addition to the labours and responsibilities of the teacher?] 15. That whilst every child is entitled to examination in his own right, as maintained above, the merit and efficiency of a school, so far as tested by passes, ouglit to be estimated solely with reference to the average proficiency of the regular scholars ; in other words, with reference to the percentage of passes made by these latter. 16. That there is no reason, however, why this per- centage, and the grant depending upon it, should not be as minutely and as completely graduated as under the present code. 17. That the standards for the grant should be strictly the same as those for the labour certificate — a point which has been somewhat lost sight of in the changes of the code since Lord Sandon's Act was passed. 18. That the percentage of presentations in the higher standards depending almost entirely as it does upon the previous educational condition of the district, it is not fair to make the amount of the class grant dependent upon that percentage. 19. That however desirable it may be to retain what are termed * specific ' subjects in our elementary schools, there is no sufficient reason for distinguishing in the mode of payment between them and ' class ' subjects. 20. That the principle of a graduated payment, depending upon a more or less successful examination, ought to be introduced in the class subjects. 21. That to reduce the school grant for results, when 8 those results have been effected by a smaller pecuniary expenditure, must operate as a positive discouragement to the exercise of labour, skill, and care in producing them. It is not intended in this short statement to discuss these principles at length, but it may be as well to advert to one or two points of detail in the plan sketched which seem to call for special remark. And first as to the raising of the minimum age for compulsion to seven, and the lowering of the maximum to thirteen. The former change is simply a corollary of the fundamental principle that compulsion and examination should go hand in hand. Both the efficiency of * dames' schools' and the regular attendance of infants at public elementary schools would be greatly increased if the parent were enabled to meet the very »first visit of the attendance officer with a certificate of proficiency. There is no reason why such a certificate in a preliminary standard should not be acquired by almost any child between the ages of six and seven. The other change is a more doubtful one. If it is not adopted, then children between thirteen and four- teen should be subjected to dind and not, as now, merely to indirect^ compulsion; not to say that (at present) half-time, though universal under thirteen, only applies above that age to children under the Labour Acts. If, however, children up to fourteen are to be effectively brought under compul- sion, then it will probably be necessary to adopt something of a ' dunce clause,' e.g., that a child who has never gained the half-time privilege till he is twelve or thirteen should be excused on the ground of his demonstrated incapacity from further examination or attendance at school. Again, under present rules, a half-time scholar under the Factory and Workshop Act has to attend, if not so often as another, yet with strict regularity, and to ccme much oftener than the minimum number of times qualifying him for examination. On the other hand, the compulsory attendances of agricultural half-timers are generally limited to 150, which is surely too low. What is here proposed is to make the principle of the rule the same in all districts, with increased powers to the local authority for regulating details. There has been, hitherto, a great and seemingly excessive diversity as to the preliminary proficiency required of half- timers. Under the Labour Acts, and under the Metro- politan bye-laws, half-time was, until very recently, a matter of course from the age of ten. On the other hand, most School Boards in towns require Standard IV. ; but then the effect of the Labour Acts was to exempt a vast numbe* of children from this provision ; and in rural bye-laws there seems an increasing and unfortunate tendency to be content with a line even lovvpr than Standard III. The exemption afforded by the Labour Acts being put an end to for the future, it seems a good opportunity to fix a uniform rule, so that a child who is entitled to be employed half-time in one district may have the same right anywhere else. Probably Standard III. will be found the best for the purpose, considering the differences in the natural abilities of children. A3 lO Next, with regard to the Parliamentary grant, a claim is sometimes made for schools containing many ' half-timers,' that either the attendance or the/^^i" of the half-time scholar should count for more than that of the ordinary scholar. If, however, the claim is conceded as regards the atteiidance^ then the same attendance ought also to count for more in determining the compulsory school staff. As to the pass^ under the system here proposed, all children above ten examined in Standards IV. and V. will be half-timers, so that no injustice will be done to any. This is already the case with all children in Standard V., and yet the percentage of passes in that standard is rather higher than in Standard IV., and the same (80 per cent.) as in the three lower standards. [Of course volunteers are here counted as half- timers, however often they may have attended.] Still, it is doubtful whether such a percentage can be kept up when the system is more widely extended. But it is hoped that the whole case may be met as follows : 1. Since, under the proposed rule for half-time employ- ment (p. 16, No. 2), it ought to be easy for a .half-timer to complete 200 attendances in the year, the adoption of that number is now suggested, instead of 150, as the qualification of half-timers with a view to the grant. 2. As an encouragement to the advancement of children into the upper classes as early as possible, and at the same time as a further recognition of the difficulties involved in the instruction of half-time scholars, it is now proposed that the attendances of all such scholars should be deemed, both 1 1 in calculating the grant and previous attendance, and in determining the staff, to be increased by 25 per cent. It must be admitted that, without some such change as this, the adoption of a grant on attendance and average pro- ficiency only (equitable and sound in principle as it has been shown to be), would entail a serious loss upon all schools where the half-time system was largely in operation (as it will now be in all districts), and where, at the same time, the managers were endeavouring to provide a thoroughly efficient staff. Of course this change includes the former. [Thus 30 attendances as an ordinary scholar, and 176 as a half-timer — or, again, 200 attendances as an ordinary scholar, and 40 as a half-timer, would constitute previous due attendance with a view to the grant.] It is believed that the substitute proposed for the two grants, 19 A and 19 B, when taken with the suggested relaxa- tions and restrictions, will not be found materially to affect the total public expenditure on the one hand, nor to give fair cause of complaint to any reasonably efficient school on the other. One of the relaxations referred to consists in allowing the shilling for singing to count as an extra, with a substantial, but not severe, addition to its requirements. The proposed absorption of Art. 21 in an enlarged form of 19 C perhaps involves an augmentation on the whole ; but it is accompanied with a graduation calculated to render it- much more efficient as regards the mass of the scholars, if somewhat less ambitious as regards the fefw. The much disputed question of ' reading books ' for geography, &c., 12 has not been touched. The writer's feeling on this point is strongly in favour of the view taken by the Education Department, as expounded in their recent circular. Readers who may have seen this essay as originally pub- lished will observe one change in the present edition which is more apparent than real. It is now proposed to admit no proof that a child is ' receiving efficient education ' except the school-book entry, even though he may be actually- attending a public elementary school. The only consequence, however, of the failure to produce this proof, will be to place the child under special surveillance, by means of an attendance order, unless the magistrate is of opinion that the parent has been so far culpably negligent that he ought to pay the whole or part of the costs. The present attempt to solve the problem of compulsion proceeds on a conviction that our existing system is at once too mechanically severe in its terms, and too lax in its administration. The writer believes that the principle of section 74 of the Act of 1870 is sound, so far as it recognises no formal release from the educational obligations of the parent, except one founded upon the proficiency of the child. But he thinks that the facilities for obtaining such a release should be more readily and constantly accessible than any now provided, and should be required from time to time through the child's whole school life. There would then, he feels sure, be much less repugnance to the steady enforcement of the law than would appear in many quarters to be the case at present. SUGGESTIONS. I.-DIRECT COMPULSION. 1. A child shall, mean any person below the age of thirteen years. 2. The parent of any child above the age of seven years may be summoned, at the instance of the Educational Local Authority, to prove before a Court of Summary Jurisdiction that his child is receiving efficient education in reading, writing, and arithmetic. 3. Such proof shall consist of an entry or entries in the Child's School Book, to be hereafter described, showing that the child has within the last fifteen months been examined by one of Her Majesty's Inspectors of Schools, or by his assistant, and has passed in not less than two of the three subjects aforesaid, according to standards prescribed by law, or by the Code of the Education Department. 4. In default of such proof as aforesaid, the parent may prove, either by the evidence in Court or by the affidavit of any duly qualified medical practitioner, or by the certificate 14 of the medical officer of the Union, that the child is for the present incapable of being beneficially instructed in the said subjects. 5. If proof of efficient instruction be given, no renewal of such proof shall be required before the expiration of its term. If incapacity for instruction has been proved by medical evidence upon oath, the proof shall hold good until the production of fresh evidence on the part of the Local Authority shall appear to the Court to render a renewal of the proof requisite ; but the certificate of the medical officer of the Union shall only hold good for twelve months from its date. 6. If no proof be given of either of the above, the Court shall order the child to attend a public elementary or (with consent of the parties) a day industrial or other certified efficient school, named in the order, and may, at its dis- cretion, order the parent to pay the whole or any part of the costs of the proceedings. The substance of the order shall be endorsed on the School Book. 7. A child ordered to attend a particular school shall, in the absence of reasonable excuse, attend every time the school is open, and shall pay in advance the ordinary fee of the school. Failure in either of these respects shall be deemed disobedience to the order. Legal employment to be included in the list of reasonable excuses. 8. An attendance order shall hold good in any part of England and Wales until the child is proved to be receiving 15 efficient education as above, but, in case of removal to a different district, another school may be substituted for that originally named, on application of the Local Authority and presentation of a certified copy of the original order, or on ap- plication of the parent with presentation of the School Book. 9. The parent of any child who is either (a) Illegally employed, or (i^) Unnecessarily occupied at home to the neglect of his education, the parent being required to prove any alleged necessity; or (c) Habitually wandering, or not under proper con- trol &c. ; or (^) Disobedient to an order of attendance at school, may be summoned before a Court of Summary Jurisdiction at intervals of not less than a fortnight; and on every such occasion, if the offence is proved, shall be liable to a fine not exceeding 10s., including costs. Further proceedings to be in accordance with section 12 (2) of the Elementary Education Act, 1876. II.— INDIRECT COMPULSION. I. No child shall be employed in any way which would interfere with his constant full-time attendance at a public elementary school until he has attained the age of ten, and has also passed in reading, writing, and arithmetic in Standard HI. of the Code of the Education Department. Passes to be certified by entries in the Child's School Book. i6 2. No child shall be so employed on more than half the days of any civil year until he has attained the age of twelve, and has also passed in the same three subjects in Standard V. of the said Code. All Saturdays in the year shall be deemed to be days on which the child is employed. 3. The days on which a child may be so employed shall be fixed from time to time by public notice of the Local Authority, after approval by the Education Department, with the consent of the Home Office. Reasonable opportunity shall be afforded by the Department for representations and objections to be made by any persons interested, and the days fixed need not be the same for different kinds of employ- ment ; but partial daily employment shall no longer be recognised. 4. These regulations shall be enforced by the Educa- tional Local Authority. Any person employing a child in contravention of them may be summoned before a Court of Summary Jurisdiction at intervals of not less than a fort- night. All educational provisions of the Laboujr Acts shall be deemed to be superseded. IIL— THE CHILD'S SCHOOL BOOK. I. Future issues shall contain no attendance column, but shall have separate columns to enter passes in reading, writing, and arithmetic respectively. Failure to pass, and non-examination on a particular occasion in any subject or subjects, shall be distinctively indicated. In copies of the 17 present issue, passes in the three subjects may be shown by the letters «, b^ c, respectively, after the numeral represent- ing a standard of the Code. 2. The School Book shall be supplied directly to the parent, and by the Local Authority only ; gratuitously in the case of all children for the first six months after the coming into force of this rule, and afterwards gratuitously in the case of all children under the age of six. In all other cases a charge of sixpence may be niade for supplying or replacing the book. All entries, whether of age or pro- ficiency, shall be made without charge to the parent, on the exclusive responsibility of the Local Authority, which shall guarantee every entry by the impression of a stamp kept for the purpose. 3. All School Books at present in the hands of school teachers shall be handed over to the Local Authority, whose stamp shall authenticate previous entries made by the teacher. The book shall then be given up to the parent, in whose custody it shall remain. The Local Authority may, however, claim and retain possession of the book for necessary inquiries during a fortnight in every year. 4. The School Book must be shown to the teacher as a condition of admission to a public elementary school, to Her Majesty's Inspector before examination, and to the attendance officer on demand. No entry must be made in the admission register of a public elementary school which has not been verified by it. i8 IV.— PUBLIC EXAMINATION. 1. Public notice shall be given, a fortnight beforehand, of the annual visit of Her Majesty's Inspector to any public elementary school, and at such visit any child above six resident in the attendance district may present himself for examination. A child may be examined at a public elementary school different from that which he ordinarily attends. Attendance districts may be combined for the purposes of such examination. 2. A child between the ages of six and seven may be examined in Standard I. of the Code of 1870, which shall be termed the * Preliminary Standard.' Other standards, up to IV. inclusive, shall be those of the Code of 1876, until otherwise provided by Act of Parliament. 3. Any child may be examined in reading, writing, or arithmetic, according to any standard in which he has not already passed in the subject in which he is so examined. Provided that he shall not be examined in any subject of a standard higher than III. or V., as the case may be, until he has passed in all the three subjects of one of those standards. The work of boys and that of girls, in each of the three subjects, shall be judged precisely in the same manner. No child may be examined in a subject in which he has failed until after an interval of at least one calendar month. 4. On receiving the schedule containing the results of examination, the managers of the public elementary school 19 where the examination was held shall transmit a copy, as formerly, to the Local Authority, in order that the requisite entries may be made in the children's School Books. 5. If it is alleged by the parent that a child was ex- amined in a different attendance district from that in which he is now residing, but no record to that effect appears in the School Book, the book shall be forwarded by the Local Authority of the district in which the child is residing to the Local Authority of the district in which he is alleged to have been examined, in order that, if the statement is correct, the requisite entry may be made. v.— PARLIAMENTARY GRANT. I. No passes, though entered in the examination schedule, shall be taken into account in determining the amount of grant which may be claimed by the managers of a public elementary school, except, as at present, in the case of children qualified by previous due attendance at the school for which the grant is claimed. But no passes made by such children shall be left out of account. Passes made in the Preliminary Standard shall be reckoned in regard to the grant, solely for the purpose of determining the portion of it claimable in respect of infants under the age of seven, except in the case of an infant school or department. 2. No grant shall be paid to a school (not being an infant school or department) where the number of passes made by the children above seven, qualified as above, is for 20 two successive years less than 50 per cent, of those which might have been made. In the first of two such years the grant shall not exceed ss. per child in average attendance. 3. In an infant school or department, the grant shall be i^s. upon the average attendance, subject to. the present conditions of 19 A and 19 B i (d), and of the foot-note on 19 B 2 (if), provided that 75 per cent, of possible passes are made by qualified children above six years of age in the Preliminary Standard, and in Standards I. II., taken together. 4. Otherwise the grant shall only be 12s. 6d. upon the average attendance. 5. In a mixed school or department the grant upon the average attendance of infants under seven shall be 12s. 6d., subject to the present conditions of 19 A and 19 B i («;), provided that 50 per cent, of possible passes are made in the Preliminary Standard by qualified children between the ages of six and seven. 6. Otherwise the grant shall only be loi". upon the average attendance of children under seven. 7. The name of every child acquiring the half-time privilege (p. 16, No. 2) shall be immediately, but not retrospectively, entered on a separate page of the school register. The number of all attendances found on that page shall be separately returned, but four of such attend- ances shall, for all purposes connected with the grant, be equivalent to five ordinary attendances. 21 8. The attendance qualification shall be 250 attendances in the school year, calculated in accordance with the above rule. But unless that number has been completed since passing in a lower standard of a given subject, failure in that subject shall not be reckoned to the disadvantage of the school, while credit shall be given for success.* 9. Every child qualified by attendance, whether present or not on the day of examination, shall be taken into account in determining the percentage, unless in the case of sickness, or danger of infection, certified by a duly qualified medical practitioner, or of absence from the district on the day of examination, or absence from the school during a period equal to a calendar month immediately preceding the examination. 10. If the weather be very unfavourable, and the scholars have to come to the examination from great distances, as well as in cases of epidemic as at present, an instalment of the grant may be paid upon special report of Her Majesty's Inspector ; or, at the discretion of the Education Depart- ment, a grant may be paid upon average attendance at the same rate as in the previous year. 11. Subject to the present conditions of 19 A (i) and (3), but whether singing forms a part of the regular course of * Thus, if 140 children attended 250 times each in the school year, the number of possible passes would be 420. But if 5 of the failures (say in arithmetic) were made by children who had only attended 200 times since passing in arithmetic at some public examination in lower standard, the possible passes would be reckoned as only 415. 22 instruction or not, a grant of loi". upon the average attendance of children above seven may be claimed whenever the actual passes of such children in reading, writing, and arithmetic, are 50 per cent, of their possible passes. Average attendance to be calculated in accordance with Rule 7, as above. 12. A further grant of li*. upon the average attendance of children above seven, calculated as above, shall be paid whenever singing forms a part of the regular course of instruction, provided that a reasonable proportion of the children show an intelligent acquaintance with the meaning and intention of musical notes, both as regards time and pitch, according to any of the systems at present in use. 13. A further grant of id. upon the average attendance of such children shall be paid for every 07ie per cent, of possible passes after the first 50 per cent, made by the qualified children in reading, writing, and arithmetic. 14. A further grant upon the average attendance of such children shall be paid, subject to the present conditions of 19 C (except 19 C 6, which shall be abolished), upon the classes of the school passing a creditable examination in not more than three of such definite subjects of instruction as are there referred to (the privileges described in the foot-notes, and in 19 C 7, being retained). 15. Such grant shall not exceed 2s. upon the average attendance as aforesaid for each of such subjects, and may be withheld altogether, or reduced to 6^., ij-., or \s. 6d. for 23 each subject, for faults apparent in the examination, or if less than a sufficient proportion of the children examined pass creditably. 1 6. This grant shall supersede that at present paid under Art. 21, as well as that under 19 C. The schemes which may be approved by Her Majesty's Inspector in each school are to be regarded as provisional, pending the construction of a syllabus to take the place of the present Schedule IV. 17. The deduction 32 {a) of the present Code, as pre- scribed by section 19 (i) of the Act of 1876, shall be abolished. 18. Two stipendiary monitors, approved by the Depart- ment in respect of age and qualifications, shall always be deemed equivalent to one pupil teacher, and one such monitor shall be required for every 20 scholars in average attendance after the first 60, for whom an assistant or pupil teacher is not provided, average attendance being calculated as above. [No suggestion is here offered as to the attend- ance which should be deemed to require the engagement of a second adult teacher.] VI.— TEACHERS' CERTIFICATES. No endorsement of such certificates shall for the future be made, and managers shall be exclusively responsible, through their grant, for the accuracy of their registration and returns. 24 ADDITIONAL SUGGESTIONS. The two following may perhaps be deemed worthy of consideration : 1. Any person may employ a child in domestic service, but shall thereby become responsible for his education as though he were the parent ; provided that, in any case where the parent would become liable to proceedings under section 12 (2) of the Act of 1876, such employer as above shall be deemed to be employing the child illegally, and the child shall be returned into the custody of his natural parent. 2. Any Court of Quarter Sessions may appoint one or more stipendiary magistrates, for the sole purpose of exercising summary jurisdiction under the Education Acts in the various Petty Sessional Divisions belonging to the jurisdiction of such Court ; and thereupon all the powers of the ordinary Petty Sessional Courts under the Education Acts shall cease. The latter of these suggestions may possibly meet the complaint which we hear both from School Board visitors and from police magistrates, as to the impossibility of giving due attention at once to Education cases and to ordinary business. Spottiswoode &* Co., Printers, New street Square, London, ■>« ^^.■f' i 1^ p^ S u ^H\'^f «0I' .^