SCHOOL 
 
 Fdueition 
 
 OFFICE OF 
 
 SUPERINTENDENT OF-PUBLIC INSTRUCTION, 
 
 TOPEKA, KANSAS. 
 
 A SYNOPSIS 
 
 OF THE 
 
 LAWS ENACTED BY THE LEGISLATURE OF 
 
 1903 . 
 
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 To all Superintendents of Public Instruction and School Officers of the 
 
 State of Kansas: 
 
 The following pages present a brief summary of the general educa¬ 
 tional bills passed by the recent legislature. It has been considered 
 best to give the “truant law” and “certificate law” in full, with added 
 notes of explanation and suggestion. The last legislature has given 
 very marked attention to the recommendations of the teachers of the 
 state. The popularity and effectiveness of the laws enacted depend 
 upon the degree of good judgment in their enforcement; especially 
 is this true of the truancy and certificate laws. Your earnest coopera¬ 
 tion is urged in making wise use of these excellent measures. 
 
 House bill No. 227 provides that the history of Kansas and United 
 States history shall be taught in all the public schools of the state. 
 
 Senate bill No. 234 provides for the establishment of a manual¬ 
 training school at Pittsburg, Kan. This school wfill be considered a 
 branch of the State Normal School and will be under the manage¬ 
 ment of the board of regents of the State Normal School. 
 
 . 
 
 Senate bill No. 8 provides that district boards and boards of educa¬ 
 tion of cities of the first and second class may provide for a manual¬ 
 training school in their district or a manual-training department in an 
 existing school. This bill makes manual training possible in every 
 public-school district of the state. State aid not to exceed the amount 
 of $250 per year is provided for, where the manual-training depart¬ 
 ment, under a special teacher, is conducted six months or more in 
 any pne year, provided the total of such expense to the state does not 
 exceed, annually, $10,000. 
 
 Senate bill No. 237 provides that the salary of the state superin¬ 
 tendent shall be $2500 per annum, the same as other state officers. 
 
 Senate bill No. 192 provides for the establishing, by vote, of county 
 high schools in counties having a population of less than 6000. 
 
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4 
 
 Senate bill No. 1 provides for the election of trustees of county 
 high schools by commissioner districts and for the same term as 
 commissioners. 
 
 House bill No. 185 provides that the annual meeting cannot de¬ 
 cide whether a man or woman shall teach their next term of school. 
 This matter is now left to the district boards. 
 
 House bill No. 374 provides that every school district of the state 
 shall maintain a school for at least five months each year. 
 
 House bill No. 66 changes the annual school meeting, in all school 
 districts of the state, not otherwise provided for by law, to the third 
 Thursday of June oleach year. 
 
 House bill No. 678 provides that inhabitants of any school dis¬ 
 trict adjacent to a graded-school district may, by vote, disorganize 
 said district and have the same attached to said graded-school dis¬ 
 trict. 
 
 House bill No. 402 states the conditions under which a school- 
 
 house site may be changed. 
 
 House bill No. 854 adds a professional certificate to the present 
 qualifications of a county superintendent. He must now hold a sec¬ 
 ond, first or professional certificate. 
 
 House bill No. 384 makes provision for the bonded debt of disor¬ 
 ganized and merged school districts. 
 
 House bill No. 25 provides that the county superintendent may in¬ 
 dorse unexpired third-grade certificates issued in counties adjacent to 
 or cornering on his county. 
 
 House bill No. 348 is amendatory of the law governing the issu¬ 
 ance of certificates by county boards of examiners, and provides for a 
 professional certificate. The text of the law is published in full, as 
 follows: 
 
 An Act relating to the county boards of examiners, and to provide for pro¬ 
 fessional certificates to be issued by county boards of examiners, and repealing 
 chapter 175, Laws of 1885. 
 
 Be it enacted by the Legislature of the State of Kansas: 
 
 Section 1. In each county there shall be a board of county ex¬ 
 aminers, composed of the county superintendent, who shall be ex 
 officio chairman of the board, and two competent persons, holders of 
 
5 
 
 first-grade certificates, or of state certificates, or of diplomas from the 
 State University, the State Normal School, or the State Agricultural 
 College, who shall be appointed by the county commissioners on the 
 nomination of the county superintendent, and shall serve one year 
 from the time of their respective appointments, and each of whom 
 shall receive for his services the sum of three dollars per day, for not 
 to exceed twenty-four days in any one year. 
 
 Sec. 2. The board, two of whom shall constitute a quorum, shall, 
 on the last Saturday of January, October, and at the close of the 
 county normal institute, only at such places as may be designated by 
 the chairman (who shall give ten days’ notice of each examination), 
 publicly examine all persons proposing to teach in the common 
 schools of the county (cities of the first and second classes excepted ), 
 as to their competency to teach the branches prescribed by law; and 
 such board of examiners shall issue certificates, as hereinafter pro¬ 
 vided, to all such applicants as shall pass the required examination 
 and satisfy the board as to their good moral character and ability to 
 teach and govern schools successfully. 
 
 Seo. 8. Certificates issued by county boards shall be of four 
 grades: Professional, first grade, second grade, and third grade, and 
 shall continue in force in the order named for the respective periods 
 of one year, three years, two years, and orie year. 
 
 Seo. 4. Professional; to whom issued. Professional certificates 
 shall certify that the person to whom issued is of good moral charac¬ 
 ter, is proficient in and fully qualified to teach orthography, reading, 
 writing, English grammar, geography, arithmetic, history of Kansas, 
 United States history, constitution of the United States, bookkeeping, 
 physiology and hygiene, theory and practice of teaching, elements of 
 natural philosophy, algebra, English literature, and general history, 
 and shall not be issued to persons under twenty-one years of age, nor 
 to such persons as have not taught successfully thirty-two school 
 months; provided, that the persons who receive a professional certifi¬ 
 cate shall make a general average of not less than ninety per cent., 
 and in no case shall a person receive a professional certificate who 
 shall fall below eighty-five per cent, in any one branch ; provided, that 
 any person who shall at any regular examination ipake a grade of 
 ninety per cent, or more in any branch, the same shall be credited on 
 a professional certificate; provided, that no grade shall be carried 
 longer than two years, nor shall any grades be credited unless the gen¬ 
 eral average shall entitle them at least to a third-grade certificate; 
 provided, also, that any person to whom a professional certificate shall 
 hereafter be issued shall, upon the payment of one dollar fee, be en¬ 
 titled to a renewal of same without examination, provided said appli¬ 
 cant shall not have remained out of service as a teacher in the public 
 
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 schools longer than two consecutive years, was a regular member and 
 attended at least ninety per cent, of the time of the county institute 
 preceding issuance of said certificate, was a regular member and at¬ 
 tended all of the meetings of the county association, unless excused 
 by the county superintendent, and shall be a regular subscriber of 
 some standard educational journal, and shall perform such other pro¬ 
 fessional work as the state or county superintendent shall direct; pro¬ 
 vided further, that any person who shall, at the time of the passage of 
 this act, be the holder of a first-grade certificate, and who shall have 
 taught in the public schools of the state for the two years immediately 
 preceding the expiration of such certificate, shall, on the expiration 
 of such first-grade certificate, be issued a professional certificate on 
 passing a satisfactory examination in each of the following branches: 
 General history, history of Kansas, English literature, and algebra; 
 provided, that no person shall be issued such professional certificate 
 who shall fall below eighty-five per cent, in any one of these four 
 branches. 
 
 Sec. 5. First grade; to whom issued. Certificate of the first 
 grade may be issued to persons of not less than nineteen years of age, 
 who have taught successfully no less than twelve school months, and 
 who shall fully satisfy the board as to their ability to teach all the 
 branches prescribed for a professional certificate except general his¬ 
 tory, and elements of natural philosophy; provided, that persons who 
 receive first-grade certificates shall make a general average of not less 
 than ninety per cent., and in no case shall a person receive a certifi¬ 
 cate of the first grade who shall fall below seventy per cent, in any 
 one branch. 
 
 Sec. 6. Second and third grades; to whom issued. Certificates 
 of the second grade may be issued to persons of not less than eight¬ 
 een years of age, who have taught successfully not less than three 
 school months, and who shall fully satisfy the board as to their ability 
 to teach all the branches prescribed for first-grade certificates except 
 bookkeeping and literature; provided, that persons who receive a 
 second-grade certificate shall make a general average of not less than 
 eighty per cent., and in no case shall a person receive a second-grade 
 certificate who falls below sixty per cent, in any one branch; provided 
 further, that third-grade certificates may be issued to persons not less 
 than eighteen years of age, and who shall fully satisfy the board as to 
 their ability to teach all the branches prescribed for second-grade cer¬ 
 tificates except algebra; provided, persons who receive third-grade 
 certificates shall make a general average of not less than seventy-five 
 per cent., and in no case shall any person receive a third-grade cer¬ 
 tificate who makes less than sixty per cent, in any one branch; pro¬ 
 vided, that persons who are not less than sixteen years of age and who 
 
7 
 
 have completed at least two years of high-school work, or its equiva¬ 
 lent ; and provided, that teachers not of the age of eighteen years and 
 holding third-grade certificates at the time of the enactment of this 
 act shall be entitled to the benefits of this act. 
 
 Sec. 7. No certificate shall be issued by any county board or county 
 superintendent except upon examination as provided in this act; pro¬ 
 vided, that county boards may renew professional certificates from 
 year to year as provided for in section 4 of this act. 
 
 Sec. 8. Chapter 175, Session Laws of 1885, and all acts or parts of 
 acts in conflict herewith, are hereby repealed. 
 
 Sec. 9. This act shall take effect and be in force from and after its 
 publication in the official state paper. 
 
 COMMENTS. 
 
 First .—This law in no respect invalidates certificates in force at 
 the time of its enactment, but all future county certificates must be 
 issued in accordance with its provisions. 
 
 Second .—Any applicant who makes a grade of ninety per cent, or 
 over in any branch or branches may have the same credited on a pro¬ 
 fessional certificate. No grade will be carried longer than two years. 
 No grades will be carried from an examination at which the applicant 
 fails to receive a certificate. 
 
 Third .—Professional certificates are renewable by the county su¬ 
 perintendent upon payment by the applicant of the usual fee of one dol¬ 
 lar, provided said applicant has complied with the provision of the 
 law prescribed in section 4 thereof. 
 
 Fourth .—Any holder of a first-grade certificate at the time of the 
 passage of this law, and who has taught in Kansas for two years im¬ 
 mediately preceding the expiration of such certificate, shall be granted 
 a professional certificate upon passing examination in general his¬ 
 tory, history of Kansas, English literature, and algebra, provided he 
 does not fall below eighty-five per cent, in any of the above branches. 
 
 Fifth .—The following changes are made in the present certificates: 
 First grade: Minimum age advanced from eighteen years to nineteen 
 years; natural philosophy omitted; history of Kansas, algebra and 
 literature added. Second grade: Minimum age advanced from sev¬ 
 enteen to eighteen years; algebra and history of Kansas added. Third 
 grade : Minimum age advanced from sixteen to eighteen years; his¬ 
 tory of Kansas and civil government added. 
 
 The law provides that persons who are not less than sixteen years 
 of age, and who have completed at least two years of high-school 
 work or its equivalent, and persons who now hold third-grade certifi¬ 
 cates, but who are not eighteen years of age at the time of the enact¬ 
 ment of this act, shall be entitled to the benefits of this act. The law 
 
8 
 
 amply protects all holders of certificates at the time of the passage of 
 the law, but advances the requirements for future certificates. The 
 professional-certificate requirements are high, but the means of at¬ 
 tainment are equitable and easy to the diligent and studious teacher. 
 
 Senate bill No. 200 is known as the compulsory-education law. 
 This law provides that all able-bodied children between the ages of 
 eight and fifteen shall attend school while school is in session. The 
 law further provides penalties for truancy and incorrigible children. 
 The full text of the law is as follows: 
 
 An Act to promote the attendance of pupils in schools, to prevent truancy, to 
 provide for the appointment of truant officers, to define the rights and duties 
 and compensation of such officers, to prescribe the penalties for violation of this 
 act, and to repeal chapter 123 of the Session Laws of 1874, being paragraphs 
 6420, 6421, 6422 and 6423 of the General Statutes of Kansas, 1901. 
 
 Be it enacted by the Legislature of the State of Kansas : 
 
 Section 1 . That chapter 123 of the Session Laws of 1874, entitled 
 “An act to promote the attendance of pupils in schools, to prevent 
 truancy,” be amended so as to read as follows: That every parent, 
 guardian, or other person in the state of Kansas having control or 
 charge of any child or children between the ages of eight and fifteen 
 years inclusive, shall be required to send such child or children to a 
 public school, or a private, denominational or parochial school taught by 
 a competent instructor each school year for such period as said school 
 is in session; provided, that any child of the age of fourteen years or 
 more who is able to read and write the English language, and who is 
 actively and regularly employed for his own support or for the sup¬ 
 port of those dependent upon him, shall not be required to attend the 
 aforesaid schools for a longer period or term than eight consecutive 
 weeks in any one year; provided, that any and all children that have 
 received a certificate of graduation from the common schools of any 
 county or certificate of admission to a high school in any city in the 
 state of Kansas shall be exempt from the provisions of this act; pro¬ 
 vided, that the children who are physically or mentally incapacitated 
 for the work of common schools are exempt from the provisions of 
 this act, but the school authorities shall have the right, and they are 
 hereby authorized when such exemption under the provisions of this 
 act is claimed by any parent, guardian, or other person in the con¬ 
 trol or charge of such child or children, to cause an examination of 
 such child or children by a physician or physicians employed for such 
 purpose by such authorities, and if such physician or physicians hold 
 that such child or children are capable of doing the work in the com¬ 
 mon schools, then such child or children shall not be exempt from 
 the provisions of this act. 
 
9 
 
 Seo. 2. The county superintendents of public instruction shall 
 divide their respective counties into not less than one or more than 
 five truant districts, and the board of county commissioners shall, upon 
 the nomination of the county superintendents of public instruction of 
 their respective counties, appoint a truant officer for each district 
 thus created, who shall hold his office at the will of the county super¬ 
 intendent of public instruction. The truant officer shall see that the 
 provisions of this act are complied with, and when from personal 
 knowledge, or by report or complaint of any resident or teacher of the 
 district under his supervision, or from information, he believes that 
 any child subject to the provisions of this act is habitually absent 
 from school, he shall immediately give written notice to the parent, 
 guardian or other person having control or charge of such child that 
 the attendance of such child at school is required, and if within five 
 days such parent, guardian or other person having control or charge 
 of such child does not comply with the provisions of this section, then 
 such truant officer shall make complaint in the name of the state of 
 Kansas against such parent, guardian or other person having control 
 or charge of such child, before any court of competent jurisdiction; 
 and upon conviction of violation of the provisions of this act*such 
 parent, guardian or other persons having control or charge of such 
 child shall be adjudged guilty of a misdemeanor, and be fined in a' 
 sum not less than five dollars nor more than twenty-five dollars, and 
 all fines collected shall be paid into the county treasury, for the sup¬ 
 port of the common schools. 
 
 Seo. 3. In case any pupil becomes an habitual truant or becomes 
 a menace to the best interests of the school which he is attending, 
 then it shall be the duty of the truant officer to report said facts and 
 conditions to the parent or guardian of said child. The parents shall 
 be held liable under the provisions of this act for the regular attend¬ 
 ance and good conduct of said child, unless said parent or guardian 
 shall state in writing to said truant officer that said child is beyond 
 the control of said parent or guardian. Then it shall be the duty of 
 the truant officer to proceed against said pupil under the provisions 
 of the law governing juvenile disorderly persons. Cities of the first 
 and second class will each constitute a separate district for the ad¬ 
 ministration of this act, and the truant officer or officers of such cities 
 shall be appointed by the respective boards of education of said cities ; 
 provided, that there shall be in such cities but one truant officer for 
 each 10,000 children or fraction thereof according to the school enu¬ 
 meration; provided further, that no city shall have more than five 
 truant officers. The truant officers of cities shall enforce the provi¬ 
 sions of this act in the manner and under such penalties as are pre¬ 
 scribed by section 2 of this act. 
 
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 Sec. 4. The truant officers provided for in this act who are appointed 
 by the board of county commissioners shall receive from the county 
 treasury two dollars for each day for actual service. The truant offi¬ 
 cers provided for in this act who are appointed by the board of 
 education of any city of the first or second class shall receive from 
 the treasury of such board of education two dollars for each day for 
 actual service. Such truant officers shall be paid by the respective 
 counties or board of education in the same manner as other employees 
 are paid; provided, that no warrant shall be issued either on the 
 county treasury or the treasurer of the board of education for such 
 services until the truant officer shall have filed an itemized statement 
 of the time employed in such service, and such statement shall have 
 been certified to by the county superintendent of public instruction 
 or by the clerk of the board of education in the city in which such 
 truant officer is employed; provided further, that no truant officer 
 shall receive pay for more days’ service during any one year than the 
 number of days the school is in session that year. 
 
 Seo. 5. All school officers are hereby required to make and furnish 
 all reports that may be required by the county superintendent of 
 public instruction or by the board of education of any city of the 
 first and second class with reference to the workings of this act. Every 
 teacher employed in the public schools in the state of Kansas is 
 hereby required, before receiving each month’s salary, to make a re¬ 
 port to the county superintendent of public instruction or to the su¬ 
 perintendent of the city in which he may be employed, showung the 
 names and addresses of all pupils who have been truant or habitually 
 absent from school during the previous month, and stating reasons 
 for such truancy or habitual absence in each case, if known. All 
 such cases of truancy so reported shall be brought to the notice of 
 the proper truant officer by the county superintendent of public in¬ 
 struction or by the superintendent of the city by which he is em¬ 
 ployed. 
 
 Sec. 6. In order that the provisions of this act may be more defi¬ 
 nitely enforced, it is hereby provided that the enumerators of school 
 children, in taking their annual school census, shall ascertain and re¬ 
 cord the name, place and date of birth of every child enumerated, and 
 the parent, guardian or persons having charge or control of such 
 child shall subscribe and take oath or affirmation that such record is 
 true. The enumerator is hereby empowered to administer such oath 
 or affirmation; and any parent, guardian or person having charge or 
 control of any child who shall refuse to take such oath or affirmation 
 shall be adjudged guilty of misdemeanor, and upon conviction thereof 
 shall be fined in any sum not less than one nor more than ten dollars. 
 
 Sec. 7. Chapter 123 of the Laws of 1874, being paragraphs 6420, 
 
11 
 
 6421, 6422, 6423, General Statutes of Kansas, 1901, being article 9, 
 sections 185, 186, 187, 188, of chapter 63, of the General Statutes of 
 Kansas, 1897, be and the same is hereby repealed. 
 
 Sec. 8. This act shall take effect and be in force on and after its 
 publication in the official state paper. 
 
 COMMENTS AND SUGGESTIONS. 
 
 The popularity, success and general efficiency of this law depends 
 directly upon good judgment in its enforcement. An unreasonable 
 and arrogant interpretation of the law will lessen its efficiency by 
 rendering it unpopular, while a sensible and reasonable interpretation 
 and enforcement will render the law popular and efficient. 
 
 County and city superintendents should consider carefully each 
 case of truancy or habitual absence in their respective districts, and 
 then advise the truant officer as to the best course of action. In 
 many instances the superintendent will be able to adjust the case 
 without friction and without any expense whatever. Do not turn 
 these matters over indiscriminately to your truant officer, as you neg¬ 
 lect an important duty in so doing. Earnestly urge your teachers to 
 be wise in regard to the law. No teacher who exercises discretion 
 will ever use the existence of this law as a threat to pupils of his 
 school. Let good sense prevail, that this good law may be a benefit. 
 
 First .—The parent or guardian of the child shall determine 
 whether the child shall attend a public, private, denominational or 
 parochial school. The state may insist that such school shall be 
 taught by a competent teacher. 
 
 Second .— Pupils must attend school for such time as school is in 
 session. 
 
 Third .— Pupils fourteen years of age or over who can read and 
 write the English language and who are regularly employed for their 
 own support or the support of some one depending upon them are 
 required to attend school but eight consecutive weeks. 
 
 Fourth .— Pupils who are graduates of the common schools or are 
 eligible to admission to any high school of the state are exempt. 
 
 Fifth .— Children who are physically or mentally incapacitated are 
 exempt, but the school authorities may take proper means to satisfy 
 themselves that such claim for exemption is based upon valid reasons 
 under the law. 
 
 Sixth .—Truant officers must be appointed, but they are paid for 
 only such time as they work. In districts where there is no truancy 
 or habitual absence, under this law, the school authorities are not re¬ 
 quired to give the truant officer any work to do; hence, the expense 
 to such district will be nothing. In the appointment of truant officers, 
 county superintendents and boards of education are earnestly urged 
 
12 
 
 to exercise the greatest care that proper persons may be secured for 
 this important duty. Do not appoint two officers when one can do 
 the work. Do not select a person as truant officer who will not ex¬ 
 ercise discretion in the transaction of the business. Do not assign 
 duties for the truant officer unless the work comes under the provi¬ 
 sion and purposes of this law. 
 
 Seventh .—A reasonable excuse for absence should always be consid¬ 
 ered. The law is meant to reach those parents who refuse to edhcate 
 their children or whose children are beyond parental control. Be¬ 
 cause a farmer may need the assistance of his boys in some emergency 
 is no reason why the truant officer should call upon him. 
 
 Eighth .—In case a pupil refuses to attend school, and his parent 
 or guardian declares his inability to compel him to do so, then the 
 truant officer proceeds against such pupil as would be done for any 
 other juvenile disorderly act. 
 
 Ninth .— Superintendents should arrange to have at hand all lists 
 of enumeration of school children in their respective counties or cities. 
 They should require, at least monthly, the names, addresses and ages 
 of all pupils enrolled in the several schools who would come under 
 the provisions of this act. By this means it is easily determined if 
 any children are violating the law. The law imposes an important 
 duty upon the teachers by requiring monthly reports of all truancy or 
 habitual absence. 
 
 Tenth .—Note the provisions of sections 6 of the law, relative to the 
 duties of the school enumerator. Great care should be exercised by 
 your enumerators in taking the next enumeration. 
 
 We feel warranted in saying that this law is the most important 
 public-school law enacted since the establishment of free schools in 
 the state. It places our state on a par with many older states in edu¬ 
 cational matters. The importance of the law will be realized more 
 fully as the years go by and its beneficial effects are seen. The sev¬ 
 eral school officers of the state, all citizens who would aid in giving 
 the state citizenship well educated and the general public are urged 
 to give this important measure their unqualified support. The intel¬ 
 ligent and faithful enforcement of this law will bring great and last¬ 
 ing benefits to the state. 
 
 In conclusion, I desire to congratulate the teachers of the state 
 upon the favorable consideration of their several requests by the re¬ 
 cent legislature. Very truly yours, 
 
 I. L. DAYHOFF, 
 
 State Superintendent of Public Instruction. 
 Topeka, Kan., March 25, 1903. 
 
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