Full text of "Revised laws relating to public instruction, enacted by the legislature of November 21, 1901, to take effect January 1, 1902; also subsequent amendments and additions from 1902 to 1914 inclusive, and other laws of interest to school authorities"

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MONWEALTH OF MASSACHUSETTS
BULLETIN OF THE BOARD OF EDUCATION
»15, NUMBER 7 WHOLE NUMBER, 44

REVISED LAWS RELATING
TO PUBLIC INSTRUCTION

Enacted by the Legislature of November 21, 1901, to take effect
January 1, 1902; also Subsequent Amendments and Additions from 1902
1914 inclusive, and Other Laws of Interest to School Authorities

BOSTON

WEIGHT & POTTER PRINTING CO., STATE PRINTERS

32 DERNE S.TREET

1015

GIFT OF

REVISED LAWS

Sitr (£mmu0mitralth itf f

RELATING TO

PUBLIC INSTRUCTION

ENACTED BY THE LEGISLATURE Nov. 21, 1901, TO TAKE EFFECT
JAN. 1, 1902, WITH SUBSEQUENT AMENDMENTS AND ADDI-
TIONS FROM 1902 TO 1914, INCLUSIVE; ALSO OTHER
LAWS OF INTEREST TO SCHOOL AUTHORITIES.

SPECIAL RESOLVE.

LAWS RELATING TO PUBLIC INSTRUCTION AND
REGULATIONS KESPECTING CHILDREN.

THE BOARD. OF EDUCATION.

[Acts of 1909, Chapter 457.]

AN ACT TO CONSOLIDATE THE BOARD OF EDUCATION AND THE
COMMISSION ON INDUSTRIAL EDUCATION.

^^^Xi

MEMBERS.

SECTION 1. The board of education shall consist of nine persons, Board of edu-
ree of whom shall annually in April be appointed by the governor, appointment,
th the advice and consent of the council, for terms of three years, term °f °ffice'.
xcept as hereinafter provided. The members of the board shall etc'
serve without compensation. During the month of June in the cur-
rent year the governor shall so appoint all of said nine members of
the board, whose terms of office shall begin on the first day of July,
nineteen hundred and nine, three for terms ending May first, nine-
teen hundred and eleven, three for terms ending May first, nineteen
hundred and twelve, and three for terms ending May first, nineteen
hundred and thirteen. Four of the present members of the board of
education, and one of the members of the commission on industrial
education shall be appointed members of the board of education
provided for by this act.

POWERS AND DUTIES.

SECTION 2. The board of education shall exercise all the powers Powers and
and be subject to all the duties now conferred or imposed by law duties-
upon the present board of education, or upon the commission on
industrial education by chapter five hundred and five of the acts of
the year nineteen hundred and six and by chapter five hundred and
seventy-two of the acts of the year nineteen hundred and eight, and
acts in amendment thereof and in addition thereto, except as may
otherwise be provided herein.1

COMMISSIONERS, DEPUTY COMMISSIONERS, AGENTS, CLERKS, TRAV-
ELLING EXPENSES, ETC.

SECTION 3. (As amended by chapter 282, Acts of 1910, chapter 466, Commissioner
Acts of 1911, chapter 80, Acts of 1912, and chapter 421, Acts of 1913.) app
The board shall appoint a commissioner of education whose term of etc.-

1 Chapter 471, Acts of 1911, takes the place of the chapters mentioned in this section.
See page 74 of this pamphlet.

381331

PUBLIC INSTRUCTION. [Chap. 39.

Deputy com-
missioners, etc.

Expenses of
board.

Terms of office
of present
members to
expire.

Repeal.

When to take
effect.

office shall be five years, and may fix his salary at such sum as the
governor and council shall approve. Said commissioner may at any
time be removed from office by a vote of six members of the board.
He shall exercise the powers and perform the duties now conferred
or imposed by law on the secretary of the board of education. He
shall be the executive officer of the board, shall have supervision of
all educational work supported in whole or in part by the common-
wealth, and shall report thereon to the board, and, when so author-
ized by the board, may approve bills for expenditures from appropri-
ations and funds placed under the direction of the board. The board
shall also appoint two deputy commissioners, one of whom shall be
especially qualified to deal with industrial education. The powers,
duties, salaries and terms of office of said deputy commissioners shall
be such as may be established from time to time by the board, but
the board may, by a vote of six members thereof, remove from office
at any time either of said deputy commissioners. The board may be
allowed for rent, salaries of the commissioner, the deputies, agents,
assistants and clerical service, and for travelling and other necessary
expenses of the commissioner, the deputies, agents, and of the board
incurred in the performance of their official duties, such sum as shall
be appropriated by the general court annually, payable out of the
treasury of the commonwealth.

SECTION 4. See section 6 of chapter 89, Revised Laws, page 5 of
this pamphlet.

SECTION 5. The terms of office of the present members of the
board of education and of the commission on industrial education
shall expire July first, nineteen hundred and nine, and said commis-
sion shall then cease to exist.

SECTION 6. All acts and parts of acts inconsistent herewith are
hereby repealed.

SECTION 7. This act, so far as it provides for the appointment of
the members of the board of education during the month of June,
nineteen hundred and nine, shall take effect upon its passage and
it shall take full effect on the first day of July, nineteen hundred and
nine.

SECTION 1.
this pamphlet.

[Revised Laws, Chapter 39.]

See chapter 457, Acts of 1909, page 3 of

Board of edu-
cation, secre-
tary of.
1837, 241, § 2.
1847, 183, § 1.
1849, 215, § 1.
G. S. 34, § 4.
P. S. 41, § 4.
103 Mass. 98.

[SECRETARY, J] AGENTS AND CLERKS.
SECTION 2. (As amended by chapter 234, Act8 of
1904-) The board may appoint a [secretary *], who, under
its direction, shall make the abstract of school returns
required by the provisions of section seven, shall collect
and distribute information respecting the condition and
efficiency of the public schools and other means of popu-

1 Commissioner of Education; see section 3 (as amended), chapter 457, Acts of 1909,
page 3 of this pamphlet.

Chap. 39.] THE BOARD OF EDUCATION. 5

lar education, and the best system of studies and the
best method of instruction. The board may also employ Board of edu-
such assistants or agents, and may provide such clerical SS'SpSSS' of
and messenger service as may be necessary: provided, iSSyaSfn?
that the total expense for salaries incurred under this }f|§; Jf§; f ^ 3
section shall not exceed twenty thousand dollars annually, G5s'4394-'§8
and that the allowance for travelling expenses of employees J8g' j^2'-
under the direction of the board shall not exceed three ises! 246.
thousand dollars annually. Such agents shall not be pe- Agents of
cuniarily interested, directly or indirectly, in the publica- iSSss?, 22.
tion or sale of any text book, school book or article of Sef/IS.8 9'
school supply used in the public schools of this common- f8-9|- ^ § 9-
wealth.

Sections 3 and 4 are repealed by chapter 234, Acts of
1904.

INCIDENTAL EXPENSES.

Section 2 of chapter 234, Acts of 1904, provides as follows: —
The incidental expenses of the board and the travelling and
other necessary expenses of the members thereof, incurred in the paid. '
performance of their official duties, shall be paid by the common- 1838- 55>
wealth.

G. S. 34, § 10. P. S. 41, § 10. 1895, 132. 1901, 262.

GRANTS FOR EDUCATIONAL PURPOSES.

SECTION 5. The board may take and hold, in trust for
the commonwealth, a grant or devise of land, or a gift or
bequest of money or other personal property made to it
for educational purposes; and shall forthwith pay it over p;f;|4f'||.'
or deliver it to the treasurer and receiver general, who
shall invest such money in the name of the commonwealth
and, on the warrant of the governor, pay to the board the
income or principal thereof, as it shall require; but no
disposition shall be made of any gift, bequest or devise
which is inconsistent with its conditions or terms. The
treasurer and receiver general shall be responsible upon
his bond to the commonwealth for the faithful manage-
ment of all property so received by him.

SECTION 6. (As amended by section 4, chapter 457, Acts of J^£e formof
1909.) The board shall prescribe the form of census required census^ etc.
by the provisions of section three of chapter forty-three, isss! 105! §§ 5-7!
of registers to be kept in the public schools and of returns IIS; 209.' § '
to be made by school committees; shall annually, on or p.*a*tl*f
before the third Wednesday of January, make to the gen- 1898« 496> § 13-
eral court a report containing a printed abstract of said

PUBLIC INSTRUCTION.

[Chap. 39.

Duties of
secretary.
1849, 215, § 1.
1858, 61.
G. S. 34, § 5.
P. S.41, §5.
1901, 112.

Same subject.
1838, 159, § 1.
1842, 42.
G. S. 34, § 6.
P. S. 41, § 6.

returns, like returns of the schools in charge of the board,
and a detailed report of all the doings of the board, to-
gether with a detailed report of all receipts and expendi-
tures, with observations upon the condition and efficiency
of the system of public education and suggestions in re-
gard to the most practicable means of improving and ex-
tending it. The records of the doings of the board shall
be open to public inspection.

DUTIES OF THE [SECRETARY1].

SECTION 7. The [secretary1] shall suggest improve-
ments in the present system of public schools to the board
and to the general court; shall visit, as often as his other
duties will permit, different parts of the commonwealth for
the purpose of arousing and guiding public sentiment in
relation to the practical interests of education; shall col-
lect in his office such school books, apparatus, maps and
charts as can be obtained without expense to the common-
wealth; shall receive and arrange in his office the reports
and returns of the school committees; and shall receive,
preserve or distribute the state documents relative to the
public school system. He may also publish for general
distribution such parts of the annual report of the board
and such other matters as he may consider best adapted
to promote the interests of public school education, if the
expense thereof is paid out of the appropriation for the
incidental and contingent expenses of the board and does
not in any one year exceed five hundred dollars.

SECTION 8. He shall, under the direction of the board,
give sufficient notice of and attend such meetings of teach-
ers of public schools, of members of the school committees
of the several towns and of friends of education generally
in any county as may assemble at the time and place des-
ignated by the board; and shall at such meetings devote
himself to collecting information relative to the condition
of the public schools of such county, the fulfilment of
their duties by the school committees of all the cities and
towns, and the condition of the towns in regard to teach-
ers, pupils, books, apparatus and methods of education,
with a view to enabling him to furnish all information
desired for the annual report.

Section 9 is repealed by chapter 234, Acts of 1904.

1 Commissioner of Education. See footnote, page 4 of this pamphlet.

Chap. 39.] THE BOARD OF EDUCATION.

NORMAL SCHOOLS.

SECTION 10. (As amended by chapter 79, Acts of 1912.}
The board shall have the general management of the state
normal schools and the boarding houses connected there- P. s. 41, '§12.
with, and money appropriated for their maintenance may
be expended under its direction. The receipts from pupils
boarded in halls maintained at normal schools shall be
paid into the treasury of the commonwealth monthly, and
so much thereof as is necessary to pay the expenses of
wages, food and supplies for dormitories and kitchens
shall be paid therefrom upon approved schedules accom-
panied by vouchers in the same manner that other claims
against the commonwealth are paid; and all receipts from
other sources shall be paid into the treasury of the com-
monwealth monthly as a part of the general revenue of
the commonwealth. The auditor of the commonwealth
shall exercise the same direction of all accounts kept at
normal schools as is authorized by section four of chapter
five hundred and ninety-seven of the acts of the year nine-
teen hundred and eight. The principals of the several nor-
mal schools shall be bonded in amounts to be approved by
the board of education.

PUPILS FROM OTHER STATES AND FOREIGN COUNTRIES.

In addition to the preceding provisions, chapter 65, Resolves of
1902, provides as follows: —

That the state board of education is hereby authorized to receive
in the state normal schools pupils from other states and from foreign
countries upon the payment of tuition fees; and also to receive in
said schools upon the payment of tuition fees such a number of
properly qualified teachers or persons intending to be teachers, from
Porto Rico, Cuba, Guam, the Sandwich Islands and the Philippine
Islands, as they may deem expedient, and to distribute them in
such a manner among the several schools aforesaid as will avoid an
excessive demand upon, or serious inconvenience to, the existing
facilities and equipment of the schools.

MODEL AND PRACTICE SCHOOLS.

SECTION 11. The cities of North Adams, Fitchburg Practice
and Lowell and the town of Barnstable shall each agree i894,°457,§§ 6,7.
in writing with the board to provide suitable and sufficient 1896> 133t
school buildings and model and practice schools in connec-
tion with the training departments of the state normal
schools therein. The board may, at the request of a city

PUBLIC INSTRUCTION. [Chap. 39.

or town in the vicinity of said state normal schools, agree
in writing with such city or town for the maintenance of
practice schools therein in connection with such normal
schools, and may provide for the payment of a portion of
the compensation of the supervising teachers employed in
such practice schools. The treasurer and receiver general
shall receive all money payable under said agreements and
shall expend it under the direction of the board for the
purposes specified in this section without an appropriation
therefor.

Sections 12, 13, 14, 15 and 16 are repealed by chapter
L, Acts of 1904.

AGRICULTUBAL EDUCATION IN THE STATE NORMAL SCHOOL AT

NORTH ADAMS.

Chapter 257, Acts of 1908, provides as follows: —
SECTION 1. The state board of education is hereby authorized
to make provision for agricultural education in the normal school at
North Adams : provided, that the city of North Adams shall contrib-
ute the free use for ten years of land suitable for the purpose.

SECTION 2. A sum not exceeding twenty-five hundred dollars
shall be allowed and paid from the treasury of the commonwealth
for the establishment of the said department and its maintenance
during the current year.1

Statistics as to
pupils, in-
struction, etc.
1867, 123, § 1.
P. S. 41, § 13.

— blanks for,
to be prepared.
1867, 123, § 2.
P. S. 41, § 14.
U. S/Rev. Sts.,
§516.

RETURNS OF PRIVATE AND OTHER EDUCATIONAL INSTITU-
TIONS.

SECTION 17. The trustees, officers or persons in charge
of literary, scientific or professional institutions of learn-
ing, incorporated, supported or aided by the common-
wealth, and of all reform schools, almshouses or private
educational institutions shall annually, on or before the
first day of June, make a report in writing to the board,
of such statistics as it shall prescribe, relative to the num-
ber of pupils and instructors, courses of study, cost of tui-
tion, and the general condition of the institution or school
under their charge.

SECTION 18. The board shall prepare blank forms of
inquiry for such statistics, and shall annually, on or before
the tenth day of May, send the same to every such insti-
tution or school. Said forms shall be prepared with refer-
ence to the requirements of the bureau of education estab-
lished by the government of the United States.

1 Expenses now provided for in the annual State appropriation.

Chap. 39.] THE BOARD OF EDUCATION.

EDUCATION OF THE DEAF AND BLIND.

SECTION 19. The governor may, upon the request of _

the parents or guardians and with the approval of the ||jg' 311, § 4.
board, send such deaf persons as he considers proper sub- iseo! 333!
jects for education, for a term not exceeding ten years, P. s. 4i,'§i6.
but, upon like request and with like approval, he may Iff?; 179]
continue for a longer term the instruction of meritorious iftgjile!
pupils recommended by the principal or other chief officer
of the school of which they are members, to the American
School, at Hartford, for the Deaf, in the state of Con-
necticut, to the Clarke School for the Deaf at Northamp-
ton, to the Horace Mann School at Boston, or to any
other school for the deaf in the commonwealth, as the par-
ents or guardians may prefer; and with the approval of
the board he may, at the expense of the commonwealth,
make such provision for the care and education of children
who are both deaf and blind as he may deem expedient.
No distinction shall be made on account of the wealth or
poverty of such children or their parents. No such pupil
shall be withdrawn from such institutions or schools ex-
cept with the consent of the authorities thereof or .of the
governor; and the expenses of the instruction and support
of such pupils in such institutions or schools, including
their necessary travelling expenses, whether daily or other-
wise, shall be paid by the commonwealth; but the parents
or guardians of such children may pay the whole or any
part of such expense.

SECTION 20. The board shall direct and supervise the —supervision
education of all such pupils, and shall state in its annual iseVsff.l 3*'
report the number of pupils so instructed, the cost of their Pt S- 41' § 17'
instruction and support, the manner in which the money
appropriated by the commonwealth therefor has been ex-
pended and such other information as it considers impor-
tant.

SECTION 21. The board shall have the same super- Admission,
vision over the admission to, and instruction of pupils in, fortheSiiiS1
the Perkins Institution and Massachusetts School for the ?£?<£ of board.
Blind as it now exercises over the instruction of the deaf 1885> 118>
under the provisions of the two preceding sections.

PUBLIC INSTRUCTION. [Chap. 40.

Teachers' insti-
tuted, meetings

1846, 99, § 1.

1848, 10.

1849, 62.

G. S. 35, § 1.
P. S. 42, § 1.
1896, 186.

— expenses of.
1846, 99, § 3.
1854, 300, §§ 3, 4.
Res. 1850, 65.
G. S. 35, § 2.
1873, 292, § 1.
1876, 47, § 4.
P. S. 42, § 2.

— length of
session, and
expense of.
1846, 99, § 2.
1849, 62.
1852, 216.
G. S. 35, § 3.
P. S. 42, § 3.

Payment to
county teach-
ers' associations,
1848, 301, § 1.
G. S. 35, §§4, 5,
1864, 58, §§ 1, 2.
1880, 93.
P. S. 42, § 4.

— to Massa-
chusetts
Teachers'
Association.
Res. 1880, 30.
P. S. 42, § 5.

TEACHERS' INSTITUTES AND ASSOCIATIONS.

[Revised Laws, Chapter 40.]

SECTION 1. If twenty-five teachers of public schools
in at least three contiguous towns desire to form a teach-
ers' institute, the board of education shall, by a commit-
tee, by its [secretary *] or, in case of his inability, by such
person as it may delegate, appoint a time and place for
such meeting and make suitable arrangements therefor.

SECTION 2. An amount not exceeding three thousand
dollars may annually be paid [from the half of the income
of the Massachusetts school fund not apportioned for dis-
tribution to towns] to defray the necessary expenses and
charges and to procure teachers and lecturers for such
institutes.

(The phrase enclosed in brackets in the preceding section is rendered void
by chapter 456, Acts of 1903.)

SECTION 3. The board of education may determine the
length of the session of such institute, and may apply not
more than three hundred and fifty dollars from the amount
authorized by the provisions of the preceding section, to
meet the expenses thereof.

SECTION 4. (As amended by chapter 383, Acts of 1904,
and chapter 260, Acts of 1905.) If a county association of
teachers and others holds an annual meeting of not less
than one day for the express purpose of promoting the
interests of public schools, it shall, upon filing with the
board of education a certificate, under oath, of its presi-
dent and secretary that a meeting has been so held, receive
fifty dollars from the commonwealth.

Section 5 is repealed by section 2, chapter 260, Acts of
1905.

SECTION 6. Subject to the approval of the board of
education, three hundred dollars shall annually be allowed
and paid [from the half of the income of the Massachu-
setts school fund not apportioned for distribution to towns]
to the president or treasurer of the Massachusetts Teach-
ers' Association, to be applied to the purposes of said
association.

(The phrase enclosed in brackets in the preceding section is rendered void
by chapter 456, Acts of 1903.)

1 Commissioner of Education. See footnote, page 4 of this pamphlet.

Chap. 41.] SCHOOL FUNDS. 11

SCHOOL FUNDS.

[Revised Laws, Chapter 41.]
MASSACHUSETTS SCHOOL FUND.

SECTION 1. The present school fund of the common- School fund.
wealth, such additions as may be made thereto and any °nly *'

money received by the commonwealth from the govern- Rfl'.n^iV.
ment of the United States, the disposition of which is not as.fe3/! i.
otherwise provided for, shall constitute a permanent fund, J^J^yj
to be called the "Massachusetts School Fund." The prin-
cipal thereof shall not be diminished, and the income
shall be appropriated as hereinafter provided.

SECTION 2. The sum of one hundred thousand dollars —provision
shall annually be paid from the treasury of the common- Res. 1394, 90.
wealth into said fund, until the principal thereof amounts
to five millions of dollars. l

COMMISSIONERS OF THE FUND.

SECTION 3. The [secretary2] of the board of education —

, , , iini • ers to manage

and the treasurer and receiver general shall be commis- and report

sioners, who shall invest and manage the fund, and report isTS, § 2.
annually to the general court the condition and income §! I.' II', f L'
thereof. The premiums on any securities purchased for J,86|- g- § 2
said fund, to an amount not exceeding in any one year 189o. 335, § 2.
fifty thousand dollars, may be paid from any money in
the treasury of the commonwealth, not otherwise appro-
priated. All investments shall be made with the ap-
proval of the governor and council.

DISTRIBUTION OF THE INCOME OF THE FUND.

Sections 4 and 5 are repealed, and chapter J^.56 of the
Acts of 1903 provides in place thereof as follows: —

SECTION 1. The annual income of the Massachusetts School ^f^^Uofon
Fund shall, without specific appropriation, be apportioned and dis- isssfmffz.
tributed for the support of the public schools in the following man- ^| -^ §87. 3
ner: — Every town which complies with all laws relative to the isss! 96, '§ 2. '
distribution of said income and whose valuation of real and personal ^s. 3&, § 2.
property, as shown by the last preceding assessors' valuation there- i866,'2os.'
of, does not exceed one half million dollars, shall annually receive }^9, m.
five hundred dollars; but if its rate of taxation for any year shall be

1 Dec. 31, 1907, the Massachusetts School Fund amounted to $5,000,000.

2 Commissioner of Education. See footnote, page 4 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 41.

1874, 348, §§1,2.
P. S. 43, § 3.
1884, 22.
1891, 177.
1893, 272.

School fund,
apportion-
ment of in-
come of.
R. S. 23, §§ 66,
67.

1846, 223 § 5.
1849, 117, §§ 2, 3.
G. S. 36, § 3.
1867, 98.

eighteen dollars or more on a thousand dollars it shall receive
seventy-five dollars additional; every such town whose valuation
is more than one half million dollars and does not exceed one million
dollars shall receive three hundred dollars; and every such town
whose valuation is more than one million dollars and does not exceed
two million dollars shall receive one hundred and fifty dollars; and
every town whose valuation is more than two million dollars and
does not exceed two and one half million dollars shall receive seventy-
five dollars. The remainder of said income shall be distributed to
towns whose valuation does not exceed two and one half million
dollars, and whose annual tax for the support of public schools is
not less than one sixth of their whole tax for the year, as follows : —
Every town whose school tax is not less than one third of its whole
tax shall receive a proportion of said remainder expressed by one
third; every town whose school tax is not less than one fourth of its
whole tax shall receive a proportion expressed by one fourth; every
town whose school tax is not less than one fifth of its whole tax shall
receive a proportion expressed by one fifth; and every town whose
school tax is not less than one sixth of its whole tax shall receive a
proportion expressed by one sixth. All money appropriated for
other educational purposes, unless otherwise provided for, shall be
paid from the treasury of the commonwealth.

SECTION 2. The income of said fund which has accrued on the
thirty-first day of December in each year shall be apportioned by
the commissioners of the Massachusetts School Fund in the manner
provided for by section one of this act, and shall be paid to the
several towns on the twenty-fifth day of January thereafter.

USE OF THE INCOME OF THE SCHOOL FUND.
SECTION 3. The sums received by any town under the provi-
sions of this act shall be held by the town treasurer and shall be
expended only for expenses in maintenance of the public schools
authorized by the school committee, in accordance with existing
laws; and it shall be the duty of the treasurer to keep a separate
account of all sums so received and expended, and the school com-
mittee shall make an annual report to the state board of education,
in such form as may be prescribed by said board, of the amount
received during each year, the amount expended from such receipts,
the purpose for which such expenditures have been made, in detail,
and the balance, if any, remaining unexpended. And whenever it
appears that, in the opinion of the state board of education, the sums
paid to any town have not been used in whole or in part in accord-
ance with the provisions of this section, or that they have not been
held and accounted for separately, or that the report thereof herein
required has not been made, the commissioners of the school fund
are hereby authorized to withhold, as they may deem advisable, the
whole or any part of the future allowances otherwise falling to such
town under the provisions of this act.

Chap. 41.] SCHOOL FUNDS. 13

CERTAIN CONDITIONS WITH WHICH TOWNS MUST COMPLY
IN ORDER TO RECEIVE A PORTION OF THE MASSACHU-
SETTS SCHOOL FUND.

SECTION 6. (As amended by chapter 340, Acts of 1913.)
No such apportionment and distribution shall be made to be withheld

,.,, .., , i . j from certain

to a town which has not maintained a school as required towns.

» T „ i . i .» , . 1834, 169, § 3.

by section one 01 chapter forty-two ; or which, it contain- 1335, iss, § i.
ing the number of families or householders required by §! ii 30! 1 36'
section two of said chapter, has not maintained, for at Hl^ \*l't 1 2;
least thirty-six weeks during the year, exclusive of vaca- Jf7| 434>§§5L
tions, a high school such as is mentioned therein; or which jf'o*18^ c?4'
has not made the returns required by sections five and six 5i7.]P' "
of chapter forty-three, and complied with the laws relative
to truancy; or which has not raised by taxation for the
support of public schools which are authorized or required
by law, including the wages of teachers, the transporta-
tion of school children, fuel, the care of fires, school rooms
and school premises, supervision, text books and supplies,
and school sundries or incidentals, but excluding altera-
tions of school buildings other than repairs, and construc-
tion of schoolhouses during the school year embraced in
the last annual returns, an amount not less than three
dollars for each person between the ages of five and fifteen
years resident in such town on the first day of September
of said school year.

SECTION 7. The income of said fund shall be applied ^g^JS^
by the school committees of the towns receiving it to the ^y|°^s§4'
support of the. public schools therein; but said committees p.'s.'43,'§e.'
may apply not more than twenty-five per cent thereof to
the purchase of books of reference, maps and apparatus
for the use of said schools.

TOWNS MUST COMPLY WITH ALL THE SCHOOL LAWS IN ORDER TO
RECEIVE ANY PART OF THE MASSACHUSETTS SCHOOL FUND.
Chapter 107 of the Acts of 1904, provides as follows: —
SECTION 1. No town shall receive any part of the income of the

Massachusetts School Fund unless it shall have complied, to the

satisfaction of the board of education, with all laws relating to

the public schools.

FUND MUST NOT BE USED FOR COMPENSATION OR EXPENSES OF

SCHOOL COMMITTEES.

SECTION 2. No part of the income of the Massachusetts School
Fund shall be used for payment of the compensation or expenses
of members of school committees.

PUBLIC INSTRUCTION. [Chap. 42.

TODD NORMAL SCHOOL FUND.

Todd fund,
how applied.
1850, 63.
G. S. 36, § 7.
1862, 83, § 1.
P. S. 43, § 9.

SECTION 8. The income of the Todd fund shall be paid
to the board of education, to be applied by said board to
specific objects, in connection with the normal schools, not
provided for by legislative appropriation.

Public schools.
Branches
taught.
C. L. 136, 305.
1692-3, 26, § 5.
1789, 19, § 1.
1823, 111.
1826, 143, § 1.
R. S. 23, § 1.
1839, 56, § 1.
1850, 229.

1857, 206,

1858, 5.

1859, 263.

G. S. 38, § 1.
1862, 7.
1870, 248, § 1.
1876, 3, § 1.
P. S. 44, § 1.

1884, 69.

1885, 332.
1894,231: 320,
II.

1898, 496, § 1.
1900, 218.
10 Met. 508.
[1 Op. A. G.
577.]

THE PUBLIC SCHOOLS.

[Revised Laws, Chapter 42.]

PUBLIC SCHOOLS; ALSO SUBJECTS OF STUDY.
SECTION 1. (As amended by chapter 181, Acts of 1908,
and chapter 524, Acts of 1910.) Every city and town shall
maintain, for at least thirty-two weeks in each year, a
sufficient number of schools for the instruction of all the
children who may legally attend a public school therein,
except that in towns whose assessed valuation is less than
two hundred thousand dollars, the required period may,
with the consent of the board of education, be reduced to
twenty-eight weeks. Such schools shall be taught by
teachers of competent ability and good morals, and shall
give instructions in orthography, reading, writing, the
English language and grammar, geography, arithmetic,
drawing, the history of the United States, physiology and
hygiene, and good behavior. In each of the subjects of
physiology and hygiene, special instruction as to the ef-
fects of alcoholic drinks and of stimulants and narcotics on
the human system, and as to tuberculosis and its preven-
tion, shall be taught as a regular branch of study to all
pupils in all schools wiiich are supported wholly or partly
by public money, except schools which are maintained
solely for instruction in particular branches. Bookkeep-
ing, algebra, geometry, one or more foreign languages, the
elements of the natural sciences, kindergarten training,
manual training, agriculture, sewing, cooking, vocal music,
physical training, civil government, ethics, thrift, : and
such other subjects as the school committee consider ex-
pedient may be taught in the public schools.

1 See chapter 524, Acts of 1910, page 15 of this pamphlet; also section 36, chapter 211,
Acts of 1911, page 106 of this pamphlet.

Chap. 42.] THE PUBLIC SCHOOLS. 15

CHAPTER 524, ACTS OF 1910.

AN ACT TO PROVIDE FOR COMPULSORY INSTRUCTION IN THRIFT
IN THE PUBLIC SCHOOLS.

Section one of chapter forty-two of the Revised Laws, relating
to the subjects that shall be taught in the public schools, as amended
by chapter one hundred and eighty-one of the acts of the year
nineteen hundred and eight, is hereby further amended by inserting
after the word "ethics", in the twenty-fourth line, the word: —
thrift.

INSTRUCTION IN THE PUBLIC SCHOOLS IN THE APPLICATION OF
SURGICAL REMEDIES AND FIRST AID FOR THE INJURED.

Chapter 247, Acts of 1911, provides as follows: —
Instruction may be given in the public schools in the application
of surgical remedies in cases of emergency and the principles of
first aid for the injured; and school committees may expend for this
purpose such sums from the appropriation for the salaries of teachers
as they may deem necessary.

HIGH SCHOOLS.

SECTION 2. (As amended by chapter 556, Acts of 1914.) wSfriffii?
Every city and every town containing, according to the }j|3, JJi- l
latest census, state or national, five hundred families or a-Aw/i*.'
householders, shall, unless specifically exempted by the 1352! 123!
board of education and under conditions to be defined by G. s. ss/s 2.'
it, and any other town may, maintain a high school, ade- i?%8J|i.
quately equipped, which shall be kept by a principal and
such assistants as may be needed, of competent ability and }J
good morals, who shall give instruction in such subjects 98 Mass.' 589.'
designated in the preceding section as the school commit-
tee consider expedient to be taught in the high school.
Any high school maintained by a town required to belong
to a superintendency union shall be maintained in accord-
ance with standards of organization, equipment and in-
struction approved from time to time by the board of
education. One or more courses of study, at least four
years in length, shall be maintained in each such high
school and it shall be kept open for the benefit of all the
inhabitants of the city or town for at least forty weeks,
exclusive of vacations, in each year. A town may cause
instruction to be given in a portion only of the foregoing
requirements if it makes adequate provision for instruc-
tion in the others in the high school of another city or
town.

16 PUBLIC INSTRUCTION. [Chap. 42.

PAYMENT OF TUITION IN OUTSIDE HIGH SCHOOLS, STATE
KEIMBURSEMENT THEREOF, AND STATE AID TO CER-
TAIN APPROVED HIGH SCHOOLS; ALSO PAYMENT OF
TRANSPORTATION OF PUPILS TO OUTSIDE HIGH SCHOOLS.

SECTION 3. (As amended by chapter 4$3, Acts of 1902,
. chapter 537, Acts of 1911, and chapter 396, Acts of 1913.)
;894!436i A town of less than five hundred families or householders
i89s! 496', § 3. in which a public high school or a public school of corre-
171 E: SOL spending grade is not maintained shall pay for the tuition
427°]P'A'G' °f any cnild wno resides in said town and who, with the
previous approval of the school committee of his town,
attends the high school of another town or city. If such
town neglects or refuses to pay for such tuition, it shall
be liable therefor to the parent or guardian of a child who
has been furnished with such tuition if the parent or
guardian has paid for the same, and otherwise to the city
or town furnishing the same, in an action of contract. If
the school committee of a town in which a public high
school or public school of corresponding grade is not main-
tained refuses, upon the completion by a pupil resident
therein of the course of study provided by it, to approve
his attendance in the high school of some other city or
town which he, in the opinion of the superintendent of
schools of the town in which he is resident is qualified to
enter, the town shall be liable in an action of contract for
his tuition. A town whose valuation is less than one
million dollars shall be entitled to receive from the treas-
ury of the commonwealth all necessary amounts, and a
town whose valuation exceeds one million dollars, but
whose number of families is less than five hundred, shall
be entitled to receive from the treasury of the common-
wealth half of all necessary amounts which have actually
been expended for high school tuition under the provi-
sions of this section: provided, that such expenditures shall
be certified under oath to the board of education by its
school committee within thirty days after the date of such
expenditure; [but, if a town of less than five hundred f ami-
dies maintains a high school of its own of the character
described in section two of this chapter and employs at
least two teachers therein, it shall be entitled to receive
annually from the treasury of the commonwealth toward
the support of such high school the sum of three hundred
dollars. No town the valuation of which averages a larger

Chap. 42.] THE PUBLIC SCHOOLS. 17

sum for each pupil in the average membership of its pub-
lic schools than the corresponding average for the com-
monwealth shall receive money from the commonwealth
under the provisions of this section; and no expenditure
shall be made by the commonwealth on account of high
school instruction under the provisions of this section un-
less the high school in which such instruction is furnished
has been approved by the board of education.] A town Transportation
of less than five hundred families or householders, in which townfnaving
a public high school or public school of corresponding £t°chlgh
grade is not maintained, shall, through its school commit-
tee, when necessary, provide for the transportation of any
child who resides in said town and who, with the previous
approval of the school committee of the town, attends the
high school of any other town or city, and shall pay for
the expense of such transportation a sum not exceeding
one dollar and fifty cents per week during the time of
actual attendance of such child in the high school. If any
town fails to provide such transportation, it shall be liable
in an action of contract, to the parent or guardian of a
child who has been furnished with such transportation for
such amounts, not exceeding one dollar and fifty cents per
week, as the parent or guardian has paid for 'the same. A
town which has expended for the support of its public
schools for the preceding year from the proceeds of local
taxation an amount not less than four and less than five
dollars per thousand dollars of valuation shall receive from
the treasury of the commonwealth one half of the amount
actually expended for transportation under the provisions
of this act; and a town which has expended from the pro-
ceeds of local taxation for the support of its public schools
for the preceding year an amount equal to at least five
dollars per thousand of valuation shall receive from the
treasury of the commonwealth the whole transportation
under the provisions of this act.

(Chapter 427, Acts of 1908, as given below, takes the place of that part of
the above section enclosed in brackets.)

STATE AID FOR HIGH SCHOOLS IN SMALL TOWNS.

Chapter 200, Acts of 1906, as amended by chapter 427, Acts of
1908, provides as follows : —

SECTION 1. If a town of less than five hundred families main- state aid for
tains a high school of its own of the character described in section
two of chapter forty-two of the Revised Laws, and employs at least

PUBLIC INSTRUCTION. [Chap. 42.

Payments not
to be made
except by
authority of
this act.

Certification of
certain high
school teach-
ers, etc.

Conditions
under which
certificates shall
be issued.

List of teachers
to be kept by
the commis-
sioner of edu-
cation.

two teachers therein, it shall be entitled to receive annually from the
treasury of the commonwealth toward the support of such high
school the sum of five hundred dollars. But no town the valuation
of which averages a larger sum for each pupil in the average mem-
bership of its public schools than the corresponding average for the
commonwealth, shall receive money from the commonwealth under
the provisions of this section; and no expenditures shall be made
by the commonwealth on account of high school instruction under
the provisions of this section unless the high school in which such
instruction is furnished has been approved by the state board of
education.

SECTION 2. No payment shall be made from the treasury of
the commonwealth under authority of said chapter two hundred,
except in accordance with section one of said act as hereb}^ amended.

CERTIFICATION BY THE BOARD OP EDUCATION OF HIGH SCHOOL
TEACHERS IN STATE-AIDED HIGH SCHOOLS.

Chapter 375, Acts of 1911, provides as follows: —

SECTION 1. After July first, nineteen hundred and twelve, no
person shall be eligible to teach a high school aided directly by the
commonwealth, as provided in chapter two hundred of the acts of
the year nineteen hundred and six, as amended by chapter four
hundred and twenty-seven of the acts of the year nineteen hundred
and eight, who does not hold a high school teacher's certificate issued
by the board of education, in accordance with section two hereof.

SECTION 2. It shall be the duty of the board of education to
define the conditions on which high school teachers' certificates
shall be given and held, and to grant such certificates to candidates
who shall be found qualified by examination or otherwise; but any
person with a satisfactory record as teacher for a period of not less
than six months in the high schools of this commonwealth shall be
entitled to a certificate to that effect, under this act, if applied for
prior to July first, nineteen hundred and twelve, but not otherwise.

SECTION 3. A list of teachers holding high school teachers'
certificates under this act shall be kept in the office of the commis-
sioner of education, and shall be sent to superintendents and school
committees in the commonwealth, at their request.

UNION HIGH SCHOOL DISTRICTS.

High school SECTION 4. Two adjacent towns, each having less than

districts in _ 1 -IIP • i • •• 111

adjacent towns, five hundred families or householders, may vote to form
one high school district for establishing a high school.

G. S. 38, § 3. P. S. 44, § 3. 103 Mass. 99.

Committee,
how chosen.
Powers.
1848, 279, § 2.
G. S. 38, § 4.
P. S. 44, § 4.

— to deter-
mine location
of school house.

SECTION 5. The school committees of such towns shall
elect one person from each of their respective boards, and
the persons so elected shall form the committee for the
management and control of such school, with all the
powers of school committees.

SECTION 6. Such committee shall determine the loca-
tion of the school house, if one is authorized, to be built

Chap. 42.] THE PUBLIC SCHOOLS. 19

by the towns of such high school district; otherwise, it ^4|23789'§§53-
shall authorize the location of such school alternately in p.'s.'44,'§V
the two towns.

SECTION 7. The proportion to be paid by each town Expenses
for the erection of a permanent school house for such i848?r279?§ *.
school, for its support and maintenance and for all in- p'j'lf'l^
cidental expenses attending the same, unless otherwise
agreed, shall be according to its proportion of the county
tax.

UNION SCHOOLS.

SECTION 8. Two or more towns may severally vote to union schools
establish union schools for the accommodation of such SoreTowns.
contiguous portions of each as shall be mutually agreed p.6|. 4?'§§ 10,
upon. The management and control of such schools, the Us Mass. 99.
location of the same or of the school houses therefor, and
the apportionment of the expenses of erecting such school
houses and of the support and maintenance of said schools,
with all expenditures incident to the same, shall be gov-
erned by the provisions of the three preceding sections.

MANUAL TRAINING.

SECTION 9. Every city and town containing twenty Manual
thousand inhabitants or more shall maintain the teaching IsS^m.
of manual training as part of both its elementary and its 1898«496'§4-
high school system.

INDUSTRIAL SCHOOLS.

Section 10 is repealed. See page 74 of this pamphlet for
section 8, chapter 505, Acts of 1906, on industrial education.

EVENING SCHOOLS.

SECTION 11. (As amended by chapter 590, Acts of 191 4.) ^ooisg
Any town may, and every city or town in which there are p7|°|*8' §72-
issued during the year from September first to August msl 174, § i.
thirty-first certificates authorizing the employment of 1898' 496> § 5<
twenty or more persons who do not possess the educational
qualifications enumerated in section one of chapter forty-
four of the Revised Laws, as amended, shall maintain dur-
ing the following school year an evening school or schools
for the instruction of persons over fourteen years of age
in orthography, reading, writing, the English language and
grammar, geography, arithmetic, industrial drawing, both

PUBLIC INSTRUCTION. [Chap. 42.

free hand and mechanical, the history of the United States,
physiology and hygiene and good behavior. Such other
subjects may be taught in such schools as the school com-
mittee considers expedient.

Evening high
schools.
1886, 236, § 1.
1898, 496, § 6.

Notices as to
evening
schools.
1887, 433, § 4.

EVENING HIGH SCHOOLS.

SECTION 12. Every city of fifty thousand or more in-
habitants shall maintain annually an evening high school,
in which shall be taught such subjects as the school com-
mittee thereof consider expedient, if fifty or more resi-
dents, fourteen years of age or over, who are competent
in the opinion of the school committee to pursue high
school studies shall petition in writing for an evening
high school and certify that they desire to attend such
school.

SECTION 13. The school committee shall, two weeks
next before the opening of each term of the evening
schools, post in three or more public places of their city
or town notice of the location of said schools, the date of
the beginning of the term, the evenings of the week on
which they shall be kept, such regulations as to attendance
as they deem proper, and the provisions of section thirty-
five of chapter one hundred and six. x

PAYMENT OF A FEE FOR INSTRUCTION IN THE EVENING SCHOOLS.

Chapter 309, Acts of 1911, provides as follows: —

Payment of a School committees in cities and towns in which evening schools

tionhi evening are maintained may require from each student not bound by law

school. = to attend, an advance payment not exceeding one dollar, which

sum may, at the discretion of the committee, be turned into the

city or town treasury to be credited to the school appropriation of

such city or town, or it may be returned in part or in whole to the

student at such time and under such conditions as the committee

may determine.

Free evening
lectures.

1900, 166.

FREE EVENING LECTURES.

SECTION 14. The school committee may employ com-
petent persons to deliver lectures on the natural sciences,
history and kindred subjects, and may provide cards or
pamphlets giving the titles and authors of books of refer-
ence on the subject-matter of said lectures which are con-
tained in the local public libraries.

1 This reference should be made to section 66 (as amended), chapter 514, Acts of 1909.
See page 64 of this pamphlet.

Chap. 42. THE PUBLIC SCHOOLS. 21

VACATION SCHOOLS.

SECTION 15. The school committee of a city or town vacation
may establish and maintain schools to be kept open during i899,°246.
the whole or any part of the summer vacation; but at-
tendance thereon shall not be compulsory or be considered
as a part of the school attendance required by law.

EXHIBITION OF PUBLIC SCHOOL WORK.

Chapter 172, Acts of 1904, provides as follows : —

The school committee of any city or town may, at any national, ^°eSieTforbe
state or foreign exposition, make an exhibition showing the char- exhibition of
acter, standing or work of the public schools of the city or town, J£0ko]°a£ public
and may for that purpose expend part of the money raised by taxa-
tion for school purposes in the year in which the appropriation is
made.

AUTHORITY OF SCHOOL COMMITTEES OVER ORGANIZATIONS OF
SCHOOL PUPILS.

Chapter 251, Acts of 1906, provides as follows: —

SECTION 1. The school committee may supervise and control ^teesTocon-
all athletic organizations composed of pupils of the public schools ££1 afhietic°n
and bearing the name of the school. ?n?chootions

SECTION 2. It may directly or through an authorized represent- May make con.
ative determine under what conditions such organizations may ditkmsfor
enter into competition with similar organizations in other schools.

SCHOOL COMMITTEES MAY EXPEND MONEY FOR THE SUPERVISION

OF SPORTS.

Chapter 314, Acts of 1911, provides as follows: —

School committees in cities and towns may expend money, as it Supervision of
is now expended for public school purposes, for the supervision of sPorts' etc-
play and games on land under their control and for the equipment
thereof.

NAUTICAL SCHOOLS.

SECTION 16. A town may establish and maintain, upon Nautical
shore or upon vessels at the election of the school com- ig-rajSg.
mittee, one or more schools for training young men or p- s- 44> § 9-
boys in nautical duties; such schools shall be subject to
the provisions of section ten, except that the school com-
mittee may excuse boys attending such nautical schools
from attendance on other schools.

FEMALE ASSISTANTS.

SECTION 17. In every public school having an average Female
of fifty pupils, one or more female assistants shall be S?56,ts§i.
employed unless the town votes otherwise. p'.j'.lf'.lu.

PUBLIC INSTRUCTION. [Chap. 42.

Duty of in-
structors in
colleges, etc.
Const., c. 5, § 2.
C. L. 136, § 3.
1789, 19, § 4.
1826, 143, § 3.
R. S. 23, § 7.
G. S. 38, § 10.
P. S. 44, § 15.
12 Allen, 127.

MORAL INSTRUCTION.

SECTION 18. The president, professors and tutors of
the university at Cambridge and of the several colleges,
all preceptors and teachers of academies and all other in-
structors of youth shall exert their best endeavors to im-
press on the minds of children and youth committed to
their care and instruction the principles of piety and jus-
tice and a sacred regard for truth, love of their country,
humanity and universal benevolence, sobriety, industry
and frugality, chastity, moderation and temperance, and
those other virtues which are the ornament of human so-
ciety and the basis upon which a republican constitution
is founded; and they shall endeavor to lead their pupils,
as their ages and capacities will admit, into a clear under-
standing of the tendency of the above-mentioned virtues
to preserve and perfect a republican constitution and se-
cure the blessings of liberty as well as to promote their
future happiness, and also to point out to them the evil
tendency of the opposite vices.

Bible to be
read in schools.
1826, 143, § 7.
R. S. 23, § 23.
1855, 410.
G. S. 38, § 27.
1862, 57.
1880, 176.
P. S. 44, § 32.
12 Allen, 127.

BIBLE TO BE READ IN THE SCHOOLS.

SECTION 19. A portion of the Bible shall be read daily
in the public schools, without written note or oral com-
ment; but a pupil whose parent or guardian informs the
teacher in writing that he has conscientious scruples
against it, shall not be required to read from any particu-
lar version, or to take any personal part in the reading.
The school committee shall not purchase or use school
books in the public schools calculated to favor the tenets
of any particular religious sect.

Patriotic
exercises.
1890, 111.

MEMORIAL DAY.

SECTION 20. In all the public schools the last regular
session, or a portion thereof, prior to the thirtieth day of
May, known as Memorial Day, shall be devoted to
patriotic exercises.

i894,lai5id'

VIVISECTION AND DISSECTION.

SECTION 21. No person shall, in the presence of a
pupil in any public school or of a minor there present,
practice vivisection, or exhibit an animal which has been

Chap. 42.] THE PUBLIC SCHOOLS.

vivisected. Dissection of dead animals or of any portions
thereof in the public schools shall be confined to the class
room and to the presence of pupils engaged in the study
to be illustrated thereby and shall in no case be for the
purpose of exhibition. Whoever violates the provisions
of this section shall be punished by a fine of not less than
ten nor more than fifty dollars.

TOWNS SHALL KAISE MONEY FOR THE SUPPORT OF SCHOOLS.

SECTION 22. Towns shall raise by taxation money nee- TO™ praise
essary for the support of public schools. schools.0*

R. S. 23, § 9. G. S. 38, § 12. P. S. 44, § 17. 10 Met. 513. 1826' 143( § 4'

SECTION 23. A town which refuses or neglects to Forfeiture for
raise money for the support of schools as required by
this chapter shall forfeit an amount equal to twice the
highest sum ever before voted for the support of schools
therein. A town which refuses or neglects to choose a >

school committee shall forfeit not less than five hundred ^f -2233/§ 60-
nor more than one thousand dollars, to the use of the G. s. 38,'§ 14.
county. P. s. 44, § 19. n Gush. ITS.

SECTION 24. Three-fourths of such forfeiture so paid
shall be paid by the county treasurer to the school com-
mittee, if any; otherwise, to the selectmen of the town }789, i9§ 7^
from which it has been recovered, who shall appropriate R. j »,'§ ei."
it to the support of the schools of such town as if it had p.' s.' 44,' §20.'
been regularly raised by the town for that purpose.

TOWNS MAY RAISE MONEY FOR THE CONVEYANCE OF SCHOOL

CHILDREN.

Chapter 25, section 15, Revised Laws, provides that a town may
at legal meetings appropriate money "For conveying pupils to and
from the public schools, or, if it maintains no high school or public
school of corresponding grade but affords high school instruction
by sending pupils to other towns, for the necessary transportation
expenses of such pupils, the same to be expended by the school
committee in its discretion."

TRANSPORTATION OF CHILDREN LIVING ON ISLANDS.
Chapter 483, Acts of 1903, provides as follows: —
The state board of education is hereby authorized to furnish or
provide transportation to and from school for such children of
school age as may be living upon islands within the commonwealth
which are not provided with schools, in cases where the city or town
within the limits of which such islands are situated is not required
by law to provide such transportation.

PUBLIC INSTRUCTION. [Chap. 42.

TRANSPORTATION, BY STREET AND ELEVATED RAILWAY COMPANIES,
OF PUPILS OF THE PUBLIC DAY AND PUBLIC EVENING SCHOOLS
AND PRIVATE SCHOOLS, AND PUPILS OF INDUSTRIAL SCHOOLS.

Chapter 530, Acts of 1908, as amended by chapter 567, Acts of
1910, provides as follows: —

SECTION 1. (As amended.) The rates of fare charged by street
or elevated railway companies for the transportation of pupils of the
public day schools or public evening schools or industrial day or even-
ing schools organized under the provisions of chapter five hundred
and five of the acts of the year nineteen hundred and six and acts in
amendment thereof, or private schools between a given point, from
or to which it is necessary for them to ride in travelling to or from
the schoolhouses in which they attend school and their homes,
whether such schoolhouses are located in the city or town hi which
the pupils reside or in another city or town, shall not exceed one
half the regular fare charged by such street or elevated railway
company for the transportation of other passengers between said
points, and tickets for the transportation of pupils as aforesaid,
good during the days or evenings on which said schools are in ses-
sion, shall be sold by said companies in lots of ten each. A railway
company which violates the provisions of this section shall forfeit
twenty-five dollars for each offence.

SECTION 2. Section ninety-nine of Part III of chapter four hun-
dred and sixty-three, and chapter four hundred and seventy-nine,
of the acts of the year nineteen hundred and six are hereby repealed.

Commence-
ment of term.
1846, 223, § 1.
G. S. 38, § 20.
1865, 134.
P. S. 44, § 25.

Records;
secretary.
1838, 105, § 3.
G. S. 38, § 22.
P. S. 44, § 27.
116 Mass. 367.
Duties of school
committee.

G. S. 38, ,
P. S. 44, §!
1883, 174,
1886, 236,
1898, 496,

16.
7,21.

SCHOOL COMMITTEES.

SECTION 25. In cities in which no other provision is
made, the term of office of members of the school com-
mittee shall commence at the same time as is provided for
members of the city council.

SECTION 26. The school committee shall appoint a sec-
retary who shall keep a permanent record book, in which
all its votes, orders and proceedings shall be recorded.

SECTION 27. It shall have the general charge and super-
intendence of all the public schools, industrial schools,
evening schools and evening high schools. It may deter-
mine the number of weeks in each year and the hours dur-
ing which such evening schools shall be kept and may
make regulations as to the attendance therein.

School com-
mittee to con-
tract with
teachers.
1838, 105, § 2.
1859, 60.
G.|S.f38,§ 23.

SELECTION AND EXAMINATION OF TEACHERS.

SECTION 28. It shall select and contract with the teach-
ers of the public schools, shall require full and satisfac-
tory evidence of their moral character, and shall ascertain
by personal examination their qualifications for teach-

Chap. 42.] THE PUBLIC SCHOOLS. 25

ing and their capacity for the government of schools; or p.gs.4^§28.
in lieu thereof, may accept the diplomas granted by the 1894! 329J § 4.
state normal schools of this commonwealth to their gradu- 9 S£n, fl'
ates [or the certificate issued under the provisions of sec- 9S
tion fourteen of chapter thirty-nine.]

(The phrase enclosed in brackets in the above section is rendered void by
chapter 234, Acts of 1904.)

TEACHER'S CERTIFICATE OF QUALIFICATIONS.

SECTION 29. Every teacher shall, before he opens any Jj-^JJJ*^6"
public school, obtain from the school committee a certifi- certificate;
cate in duplicate of his qualifications, one of which shall paidnai
be deposited with the selectmen, or, in a city, with the O.»'\M.
auditor or treasurer or with any officer who may be pre- }fig; }£|;
scribed in the charter, before any payment is made to him p-|-|48>||94-
on account of his services, and upon so filing such certifi- in Mass. 128.
cate, he shall be entitled to receive, on demand, his wages
due at the expiration of any quarter, or term longer or
shorter than a quarter, or upon the close of any single
term of service, subject to the provisions of section eleven
of chapter forty-three.

Section 30 is repealed by chapter JfiG, Acts of 1903.

DISMISSAL OF TEACHERS.

SECTION 31. The school committee may dismiss any£j™jj^lof
teacher from employment, and he shall receive no com- 1844,32.'
pensation for services rendered after such dismissal. p.* s.' 44,' §30.'

12 Gray, 339.
(See also chapter 714, Acts of 1914, as given below.) Jo^Jf1'

TENURE OF OFFICE OF TEACHERS.

SECTION 32. The school committee may elect a teacher Tenure of

1-1 i 1*1 IT i n . . office of

who has served as such in the public schools of its city or teachers.
town for not less than one year to serve as such at the
pleasure of the committee.

(See also chapter 714, Acts of 1914, as given below.)

CHAPTER 714, ACTS OF 1914.

TENURE OF OFFICE OF TEACHERS AND SUPERINTENDENTS OF

SCHOOLS.

SECTION 1. The school committee of a city or town, in electing
a teacher or superintendent who has served in the public schools of
its city or town for the three previous consecutive years, shall em-
ploy such teacher or superintendent to serve at the discretion of the
school committee, subject to the provisions of section two of this act.

26 PUBLIC INSTRUCTION. [Chap. 42.

SECTION 2. The school committee may dismiss any teacher or
superintendent from employment by a two thirds vote of the whole
committee, and such teacher or superintendent shall not receive
any compensation for service rendered after such dismissal: pro-
vided, that a teacher or superintendent employed to serve at the
discretion of the school committee, as provided in section one of
this act, shall not be dismissed unless, at least thirty days prior to
the meeting, exclusive of customary vacation periods, at which the
committee votes upon the question of his dismissal, he shall have
been given notice of the intention of the school committee to vote
upon the question of his dismissal, nor unless he shall have been given,
upon his request, a statement by the school committee of the reasons
for which his dismissal is proposed; nor unless, also, in the case of
a teacher, the superintendent of schools shall have given to the
school committee his recommendations as to the proposed dismissal.

SECTION 3. (1) No teacher employed to serve at the discretion
of the school committee, as provided in section one of this act, shall
suffer a decrease of salary without his consent, except by a general
salary revision affecting equally all teachers of the same salary grade
in the city or town. (2) A superintendent employed to serve at
the discretion of the school committee shall suffer no decrease in
salary without his consent, until at least one year after the school
committee has voted to reduce his salary.

SECTION 4. Nothing herein contained shall be construed as limit-
ing the right of a school committee to suspend a teacher or superin-
tendent for immoral conductor other conduct unbecoming a teacher;
and if the teacher or superintendent so suspended is subsequently
dismissed because of such conduct, he shall not receive any salary
for the period of his suspension.

SECTION 5. Nothing herein contained shall be construed as limit-
ing the right of a school committee to dismiss a teacher when an
actual decrease in the number of pupils in the schools of the city or
town renders such action advisable.

. SECTION 6. All acts and parts of acts inconsistent herewith are
hereby repealed.

SECTION 7. This act shall not apply to superintendents of
superintendency unions.

SECTION 8. This act shall not apply to the city of Boston.

SECTION 9. This act shall take effect on the first day of July in
the year nineteen hundred and fourteen.

PUBLIC SCHOOL TEACHERS NOT TO BE RESTRICTED IN THE EXER-
CISE OF CERTAIN POLITICAL RIGHTS.
Chapter 628, Acts of 1913, provides as follows: —
No school committee shall by rule, regulation or in any other
manner restrict any teacher in, or dismiss him for, exercising his
right of suffrage, the signing of nomination papers, and the petition-
ing or appearing before committees of the legislature; but nothing
herein contained shall be construed as limiting the power of a school
committee so to restrain any teacher or dismiss him for exercising
any of tHe aforesaid rights, suffrage excepted, on school premises,
during school hours or when the exercise thereof actually interferes
with the performance of school duties.

Chap. 42.] THE PUBLIC SCHOOLS. 27

THE OBTAINING OF POSITIONS BY SCHOOL TEACHERS.

Chapter 731, Acts of 1911, provides as follows: —

SECTION 1. (As amended by chapter 368, Acts of 1913.) Any
graduate of any high school or normal school in this commonwealth,
or of any other school considered by the board of education to be of teachers,
equal grade, or the graduate of any reputable college, provided that
such graduate is a person of good character, may file an application
with the board of education for a position as school teacher upon
the payment of a fee of two dollars. The application shall set forth
the name, address, and, briefly, the experience and qualifications
of the applicant. It shall be the duty of the board of education to
communicate with the school committees in the cities and towns
of the commonwealth, and with persons who have made application
for a position as school teacher in accordance with the provisions
of this section, and to procure positions for them so far as may be
possible, free of expense to the applicant beyond the aforesaid fee,
and without expense to the various school committees. The said Duties of Board
board shall cause to be printed and sent to school committees of etc. v
cities and towns a list of the applicants for positions as aforesaid,
with a brief statement of their qualifications and experience.

SECTION 2. No person, firm, corporation, or association shall Limiting fee or
demand or accept from any applicant for the position of a teacher to™? paid ^y
in the public schools a fee or other compensation exceeding two applicants,
dollars in amount, and no further sum shall be charged to cover ex-
penses or for any other reason, except that, if the person or agency
procures a position as aforesaid for an applicant, the person or
agency shall be entitled to receive as further compensation a sum
not exceeding five per cent of the salary of the teacher, for the first
year of employment, provided that the position is open to teachers
so long.

SECTION 3. It shall be unlawful for a superintendent of schools Superintend-
in any city or town, or in any district composed of two or more Jo^t^w^SJ?8
towns, to accept any commission, fee, compensation or reward of commission,
any kind for obtaining a position as teacher in the public schools
for any person.

SECTION 4. Any violation of this act shall be punished by fine Penalty.
of not less than fifty nor more than five hundred dollars.

SECTION 5. All acts and parts of acts inconsistent herewith are
hereby repealed.

WHEN COMMITTEES SHALL VISIT SCHOOLS.

SECTION 33. If there is no superintendent of schools, school com-
the school committee or one or more of its members shall, ^hoofs*0 visit
for tbe purpose of organizing and making a careful exam- g2| !2f; § 5-
ination of the schools and of ascertaining that the pupils |f g^^e
are properly supplied with books, visit all the public }jgjj.'292, § 2.'
schools in its town on a day during the first week after the P. s. 44, '§ 31!
opening of each term of such schools, and on a day during
the two weeks preceding the close of the same, and also,

PUBLIC INSTRUCTION. [Chap. 42.

without giving previous notice thereof to the instructors,
once in each month; and they shall, at such examinations,
inquire into the regulation and discipline of the schools
and into the habits and proficiency of the pupils.

School com-
mittee to select
books and
prescribe
studies.
1826, 143, § 7.
R. S. 23, § 17.
G. S. 38, § 28.
1876, 47, § 1.
1881, 193, § 1.
P. S. 44, § 33.

TEXT BOOKS AND COURSE OF STUDIES.

SECTION 34. (As amended by^ chapter 201, Acts of 1910.}
The school committee shall direct what books shall be
used in the public schools, and shall prescribe, as far as is
practicable, a course of studies and exercises to be pursued
therein. Such exercises may, at the discretion of the com-
mittee, include calisthenics, gymnastics and military drill;
but no special instructors shall be employed therefor ex-
cept by a two-thirds vote of the committee. No pupil
shall be required to take part in any military exercise if
his parent or guardian is of the religious denomination of
Quakers or Shakers or of any other religious denomination
conscientiously opposed to bearing arms, or if said parent
or guardian is himself conscientiously scrupulous of bear-
ing arms, and so notifies the school committee in writing;
or if a physician of good standing shall certify in writing
that in his opinion such exercise would be injurious to the
pupil's health.

Text books
and supplies to
be provided by
towns.
1855, 436.
1873, 106.
1878, 23.
P. S. 44, § 40.
1884, 103.
1894, 320, § 2.

Text books
may be pur-
chased by
pupils.
1901, 472.

FREE TEXT BOOKS AND SCHOOL SUPPLIES.

SECTION 35. The school committee shall, at the ex-
pense of the town, purchase text books and other school
supplies used in the public schools, and, subject to such
regulations as to their care and custody as it may pre-
scribe, loan them to the pupils of such schools free of
charge, and, if instruction is given therein in the use of
tools and in cooking, may so purchase and loan the tools,
implements and materials necessary therefor.

SECTION 36. In a city which, by vote of the board of
aldermen, and in a town which, by vote of the inhabitants
at an annual town meeting, accepts the provisions of this
section or has accepted the corresponding provisions of
earlier laws, the school committee shall make regulations
with reference to the care, custody and distribution of
books and supplies so loaned, and may provide for the
continued use of any text books by such pupils throughout
any grades. Such pupils may, if the school committee
so votes, purchase from such city or town, at such time

Chap. 42.] THE PUBLIC SCHOOLS.

and place as the school committee designates, at not more
than the cost price to such city or town, any text books
which are or are to be used by them in the public schools,
and, if the committee so votes, pupils who complete two
years in any public school in grades more advanced than
the fourth grade may, upon graduating from the grammar
school and upon application to the school committee, be
permitted to acquire the permanent ownership of such
three text books, used during the last year of their at-
tendance in the school, as they may select.

SECTION 37. The school committee shall, at the ex- Apparatus and

„ , , , . . , , . 1 . reference books.

pense of the town and in accordance with appropriations isss, iei, § 2.
therefor previously made, procure apparatus, reference
books and other means of illustration.

SECTION 38. A change may be made in the school t^f60*
books used in the public schools by a vote of two-thirds of J|5|' 93| ||8
the whole school committee at a meeting thereof, notice of }|{g''}jj-
such intended change having been given at a previous i876|47,§.?.

, - P. S. 44,, § 34.

meeting.

COMPENSATION OF SCHOOL COMMITTEES.

Section 39. In towns which are subject to the pro- Compensation
visions of sections forty-three and forty-four and which iss^osjsT'
vote to authorize the school committee to receive com- life) 232!'
pensation, the members of the committee shall each be §• s* 38> §§ 34>
paid two dollars and fifty cents a day for the time actu- J?7| l$.
ally occupied in performing the duties of the office, and ||^,^. ^ g
such additional compensation as the town may allow. In 1898,' 46e! § 5.
other towns and in cities, they shall receive no compensa-
tion.

MEMBERS OF SCHOOL COMMITTEES INELIGIBLE TO CERTAIN
POSITIONS.

Chapter 173, Acts of 1904, provides as follows : —

No member of a school committee in any city or town shall be Members of
eligible to the position of teacher in or master or superintendent of mitteesno
the public schools of such city or town, or to the position of teacher eligible to
in or master or superintendent of public schools in any school dis-
trict or superintendency union of which such townlforms a part.

SUPERINTENDENTS OF PUBLIC SCHOOLS.

SECTION 40. The school committee of a city or town
which is not within an existing union for the employment
of a superintendent may, and after the first day of July

PUBLIC INSTRUCTION. [Chap. 42.

1854, 314.
1856, 232.

187o! 117.

1873, 108.

1874, 272.

P. S. 44, § 43.
1888, 431, § 5.
1898, 466, § 5.
1900, 248, § 1.
Ill Mass. 87.
138 Mass. 149.
District super-

sTos i.
p. s. 44, § 44.

Superintend-

ent oi public

manner f
appointment of

i87o?i'83?c§ 2.
p. s. 44, § 45.

in the year nineteen hundred and two shall, at the expense
of the city or town, employ a superintendent of schools,
who, under the direction and control of the committee,
shall have the care and supervision of the public schools.
The compensation of the superintendent shall not be less
than one dollar and fifty cents for each day of actual serv-
ice, and shall be determined by the school committee.

SECTION 41. Two or more towns may, by a vote of
each, form a district for the purpose of employing a
superintendent of public schools therein.

SECTION 42. Such superintendent shall be annually ap-
pointed by a joint committee, composed of the chairman
and secretary of the school committee of each of the towns
in said district, who shall determine the relative amount
of service to be performed by him in each town, fix his
salary, apportion the amount thereof to be paid by the
several towns and certify the same to each town treasurer.

PERMANENCY OF SCHOOL SUPERINTENDENCY UNIONS AND
EQUALITY OF REPRESENTATION OF TOWNS ON THE
JOINT COMMITTEE.

SECTION 43. (As amended by chapter 399, Acts of 1911,
pent of super- and chapter 114, Acts of 1912.) The school committees of

mtendent. * i i • i r> i • i •

1888, 431, §§1,2. two or more towns the valuation of each of which is less
89s! 466, §§ i,' 2! than two million five hundred thousand dollars, and the
[fop2 A! G?' aggregate number of schools in all of which is not more
147-] than fifty nor less than twenty-five, and the school com-

mittees of four or more towns the valuation of each of
which does not exceed two million five hundred thousand
dollars, without reference to the minimum limit in the
aggregate number of schools aforesaid, shall form a union
for the purpose of employing a superintendent of schools.
The school committees of such towns shall be a joint com-
mittee : provided, that any school committee consisting of
more than three members shall be represented on the joint
committee by its chairman and two members, chosen by
said school committee. This joint committee, for the pur-
poses of such union, shall be the agents of each town
therein. Such union shall not be dissolved except by vote
of a majority of the towns constituting the union, and the
consent of the board of education to such dissolution,
nor shall it be dissolved for the reason that the valuation
of any one of the towns shall have so increased as to ex-

Chap. 42.] THE PUBLIC SCHOOLS. 31

ceed two million five hundred thousand dollars, nor for
the reason that the number of schools shall have increased
beyond fifty or, in a union of less than four towns, shall
have decreased below twenty-five.

EMPLOYMENT OF SUPERINTENDENTS OF SCHOOLS IN UNIONS
OF TOWNS AND TENURE OF OFFICE.

SECTION 44. (As amended by chapter 384, Acts of 1911.) SeeC,°Sc.
The joint committee shall annually, in April, meet at a JH; gj; f f;
day and place agreed upon by the chairman of the com- J^8^' |829;
mittees of the several towns comprising the union, and no Mass! 473!
shall organize by the choice of a chairman and secre-
tary. They shall employ a superintendent of schools,
determine the relative amount of service to be performed
by him in each town, fix his salary, apportion the amount
thereof to be paid by the several towns and certify it to
each town treasurer. Such superintendent of schools shall
be employed for a term of three years, and his salary shall
not be reduced during such term. Failure of a superin-
tendent during his term of office to receive a certificate as
provided by chapter two hundred and fifteen of the acts
of the year nineteen hundred and four, l upon the expira-
tion of a prior certificate, shall thereby vacate his office.
He may be removed from office by a two thirds vote of
the full membership of the joint committee, and with the
consent of the board of education to such dismissal, where-
upon his salary shall cease.

SUPERINTENDENCY UNIONS AIDED BY THE STATE.

SECTION 45. When the chairman and secretarv of such Payment by

• . . . A IIP i common-

jomt committee certity to the auditor ot accounts under wealth upon
oath, that a union has been effected, that the towns, in isss, 43i,e§ 3.
addition to an amount equal to the average of the total S, lee! 1 1'.
amount paid, or to the amount paid for each child, by the
several towns for schools during the three years then last
preceding, unitedly have appropriated and raised by taxa-
tion not less than seven hundred and fifty dollars for the
support of a superintendent of schools, and that a super-
intendent of schools has been employed for one year, a
warrant shall, upon the approval of the certificate by the
board of education, be drawn upon the treasurer and re-

1 See page 33 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 42.

Appropria-
tions to pro-
vide towns
with school
superintend-
ents.

ceiver general for the payment of twelve hundred and fifty
dollars, three-fifths of which shall be paid for the salary
of such superintendent, and two-fifths thereof shall be ap-
portioned and distributed to the towns forming such union
on the basis of the amount appropriated and expended for
a superintendent in such towns for the preceding year and
shall be paid for the salaries of teachers employed in the
public schools therein.

SECTION 46. There shall be annually appropriated by
the commonwealth such amount as may be necessary to
carry out the provisions of the three preceding sections.

1888, 431, § 4. 1890, 379. 1891, 272. 1893, 200, § 4. 1894, 58. 1898, 466, § 4.

TOWNS WHOSE VALUATION EXCEEDS $2,500,000 MAY BE
ADMITTED WITHOUT STATE AID TO SUPERINTENDENCY
UNIONS.

Admission of SECTION 47. Towns whose valuation exceeds the limit

towns exceed- _ . ...

ing limit of fixed by section forty-three may participate in a union
1898^466 j§ e, 7. formed under the provisions of said section, in the same
manner and subject to the same terms, conditions and
benefits as towns having such limited valuation, except
that the allowance by the commonwealth in aid of said
union, as provided in the preceding section, shall not be
made to the entire union, but shall first be apportioned to
the several towns upon the basis of the amount appropri-
ated by them respectively for the support of a superin-
tendent of schools for the preceding year, and the warrant
upon the treasurer and receiver general shall then be
drawn in favor of and only for the portions so assigned to
those towns of the union whose valuation at the time of
said union did not exceed the limit provided in section
forty-three.

Effect of
increase of
valuation.
1898, 466, § 8.

EFFECT OF INCREASE OF VALUATION.

SECTION 48. If the valuation of a town in a union
formed under the provisions of section forty-three or of
the preceding section shall so increase as to exceed three
million five hundred thousand dollars, such increase shall
have the same effect as if the valuation of said town had
exceeded two million five hundred thousand dollars at the
date of the formation of such union.

Chap. 42.] THE PUBLIC SCHOOLS. 33

FORMATION OR READJUSTMENT OF SUPERINTENDENCY UNIONS
BY THE STATE BOARD OF EDUCATION.

Chapter 299, Acts of 1903, provides as follows: —

The state board of education is hereby authorized to form or on

readjust unions of towns for the employment of superintendents former °e-
of schools whenever in its judgment it becomes imperatively neces- ^^^£5^
sary to include a town which is otherwise unable to comply with the emptoymSIt of6
law. In carrying out the provisions of this act the board may allow 8"perifnteJd"J
the formation of unions with a number of schools less than that re- er
quired by section forty-three of chapter forty-two of the Revised
Laws, and in no case shall the readjustment deprive any town of
its right to aid under the law.

QUALIFICATIONS OF CERTAIN SUPERINTENDENTS OF SCHOOLS
DETERMINED BY THE STATE BOARD OF EDUCATION.

Chapter 215, Acts of 1904, provides as follows: —

In all superintendency unions in which any part of the expense Qualifications
of the superintendent is borne by the commonwealth the state board fo/superin*-63
of education shall determine, by examination or otherwise, the quali- tendent of
ncations of candidates for the position of superintendent of public deteminecTin
schools; and, after the first day of January in the year nineteen certain cases,
hundred and five, no person shall be elected to such position who etc-
does not hold a certificate of fitness and competency from said
board: provided, however, that this act shall not apply to any
superintendency union in which one town does not receive aid from
the commonwealth for expense of a superintendent, until the termin-
ation of the contract, if any, existing between such towns at the time
of the passage of this act.

DUTIES AND POWERS OF SUPERINTENDENTS OF SCHOOLS.

Chapter 444, Acts of 1911, provides as follows: —

SECTION 1. The superintendent of schools employed hi accord- Duties and
ance with section forty, section forty-one or section forty-four of £j0hooiSsuper-
chapter forty-two of the Revised Laws, shall, under the direction of mtendents
the school committee, have the care and supervision of the public (
schools, and shall be the executive officer of the school committee.
He shall assist the school committee in keeping its records and ac-
counts and in making such reports as are required by law.

SECTION 2. The superintendent of schools shall recommend Recommenda-
teachers to the school committee, and shall also recommend text- Sendents?6*"
books and courses of study to the school committee.

SCHOOL HOUSES.

SECTION 49. Every town shall provide and maintain a School houses,
sufficient number of school houses, properly furnished and *
conveniently located for the accommodation of all children
therein who are entitled to attend the public schools. A Jffj1 1*1' § 10'
town which for one year refuses or neglects to comply ^f^
with the requirements of this section shall forfeit not less

PUBLIC INSTRUCTION. [Chap. 42.

andvdtepilyed and c^iaPter

G. s. 38, §§ 36, than five hundred nor more than one thousand dollars, to

p7s 44%§ 46 ^e Paid and applied as provided in sections twenty-three

50. * and twenty-four. The school committee, unless the town

otherwise directs, shall have general charge and superin-

tendence of the school houses therein, shall keep them in

good order, and shall procure a suitable place for the

schools, if there is no school house, and provide fuel and

all other things necessary for the comfort of the pupils

therein, at the expense of the town.

DISPLAY OF THE UNITED STATES FLAG ON SCHOOL HOUSES.

SECTION 50. (As amended by chapter 229, Acts of 1909,
, Acts of 1911.) The school committee of
every city and town shall provide for each schoolhouse in
which a public school is maintained and which is not
otherwise supplied, a United States flag of silk or bunting
not less than four feet in length, and suitable apparatus
whereby the flag shall be displayed on the schoolhouse
building or grounds every school day when the weather
permits, and on the inside of the schoolhouse on other
school days. Failure to observe this law for a period of
five consecutive days upon the part of the master or prin-
cipal in charge of the school at the time, shall be punished
by a fine of not more than five dollars for each period of
five days of such negligence, unless such failure is caused
by the school committee in not providing the said master
or principal with a flag, in which case the said penalty
shall be imposed on those directly responsible for the fail-
ure so to supply the said master or principal. Said pen-
alty shall be imposed by any court of competent juris-
diction within the commonwealth.

Penalty.

LOCATION OF SCHOOL HOUSES.

toS™?08' SECTION 51. A town may, at a meeting called for the
,143, §10. purpose, determine the location of its school houses, and

R.s.23,'§§28, adopt all necessary measures to purchase and procure land

1848,237. therefor, as provided in sections forty-seven, forty-eight

G?s.238%§347. and forty-nine of chapter twenty-five.

P. S. 44, § 47.

GENERAL PROVISIONS.

ffcco?iofruantfosns SECTION 52. The provisions of this chapter shall not
fs^Vflfu's an?ect the right of any corporation established in a town to
R. s. 23/§59. manage any estate or funds given or obtained for the pur-

Chap. 42.] THE PUBLIC SCHOOLS. 35

pose of supporting schools therein, or in any wise affect p'f'lff/l'
such estate or funds.

SECTION 53. Except as otherwise provided in their ^apti°to°f
respective charters, the provisions of this chapter, so far apply to cities,

T -, i i ii t , •,• except, etc.

as applicable, shall apply to cities. G. s.ss, §41.

P. S. 44, § 51.

USE OF ROOMS OR HALLS IN SCHOOL BUILDINGS FOR OTHER THAN
SCHOOL PURPOSES.

Chapter 367, Acts of 1911, provides as follows: —

SECTION 1. (As amended by chapter 820, Acts of 1912.) The Use of school
school committee of any city or town which accepts the provisions jjjjjj school
of this act shall grant the temporary use of rooms or halls in school purposes,
buildings upon such terms and conditions and for such public or
educational purposes, as the said school committee may deem wise:
provided, however, that such use shall not in any way interfere or be Proviso,
inconsistent with the use of the halls for school purposes, and that
such use shall not be granted during the regular sessions of the school
unless the means of egress have been approved for such purpose by
an inspector of public buildings of the district police.

SECTION 2. This act shall take effect in a city upon its acceptance Time of taking
by a two thirds vote of the members of each branch of the city coun- effect'
cil or corresponding body of that city present and voting, and upon
the approval of the mayor; and it shall take effect in a town upon its
acceptance by a majority of the voters of the town present and
voting thereon at an annual town meeting or at a special meeting
called for the purpose.

(Section 2 of chapter 320, Acts of 1912, repealed chapter 157, Acts of
1912.)

USE OF PUBLIC SCHOOL PROPERTY FOR CERTAIN PURPOSES.

Chapter 538, Acts of 1914, provides as follows: —

SECTION 1. Section one of chapter three hundred and ninety-one Use of public
of the acts of the year nineteen hundred and thirteen is hereby for^rtSnPerty
amended by striking out the words "that no admission fee is charged purposes
and", in the tenth line, so as to read as follows : — Section L For authoriaed-
the purpose of promoting the usefulness of the public school prop-
erty the school committee of any city or town may conduct such
educational and recreation activities in or upon school property
under its control, and shall allow the use thereof by individuals and
associations, subject to such regulations as the school committee
shall establish, for such educational, recreation, social, civic, philan-
thropic and similar purposes as the committee may deem to be for
the interest of the community, provided that such use shall not inter-
fere or be inconsistent with the use of the premises for school
purposes.

SECTION 2. This act shall not apply to the city of Boston. to°Bo?tonply

SECTION 3. All acts and parts of acts inconsistent herewith are repeal,
hereby repealed.

PUBLIC INSTRUCTION. [Chap. 43.

Commissioner
of education
to forward
forms, etc.
1845, 100.

1849, 65, §§ 1, 2.

1850, 41.

G. S. 34, § 7;
40, § 1.
P. S. 41, § 7;
46, § 1.

1898, 496, § 14.

1899, 111.

1900, 187.

Commissioner
of board of edu-
cation to be
notified of non-
delivery.

1898, 496, § 15.

SCHOOL REGISTERS AND RETURNS.

[Revised Laws, Chapter 43.]
FORMS FOR CENSUS, REGISTERS AND RETURNS.

SECTION 1. (As amended by section 1 of chapter 368,
Acts of 1912.) The commissioner of education shall send
forms for the school census required by section three, the
school registers, forms for the returns to be made by
school committees, the annual report of the board and his
own annual report, as soon as they are ready for distri-
bution, to the chairman of the school committee of each
city and town, who shall, on receipt thereof, deliver them
to the several persons charged with the duties in connec-
tion therewith, and send to the commissioner of education
a list of the private schools in the city or town and the
names of their principals. The board of education may
annually expend for the printing and distribution of said
school registers and forms for returns of school committees
such sums as shall be appropriated by the general court
annually, payable out of the treasury of the commonwealth.

SECTION 2. (As amended by section 2 of chapter 368,
Acts of 1912.) The chairman of every school committee
who does not receive blank forms of inquiry for school
returns, on or before the fifth day of July, shall forthwith
notify the commissioner of education thereof, who shall
thereupon transmit them to him.

88! S?

i874%4o°3,
p87s.46,
1901' 289*

§§3,4.
' 16>'

SCHOOL CENSUS.

SECTION 3. (As amended by chapter 443, Acts of 1914-)
The school committee of each city and town shall an-
nually ascertain and record the names, ages and such other
information as may be required by the board of education,
°^ a^ children between five and seven years of age, of all
children between seven and fourteen years of age, of all
children between fourteen and sixteen years of age, and
of all minors over sixteen years of age who cannot read
at sight and write legibly simple sentences in the English
language, residing in its city or town on the first day of
September, and such record shall be completed on or
before the fifteenth day of November. Whoever, having
under his control a minor over five years of age, with-
holds information sought by a school committee or its

Chap. 43.] SCHOOL REGISTERS AND RETURNS. 37

agents under the provisions of this section or makes a
false statement relative thereto, shall be punished by a
fine of not more than fifty dollars.

FORM OF CERTIFICATE.

SECTION 4. (As amended by chapter 368, Acts of 1912,
chapter 356, Acts of 1918, and chapter 443, Acts of 1914.)
The chairman of each school committee shall annually on amount raised
or before the thirty-first day of July transmit to the com- sch<xJspor
missioner of education a certificate filled out, signed and {349! 11?! § i!
sworn to by him, containing the following statements : — a s.2lo, § 4.

First. The number of persons between the ages of five }g|- J;g, § 2.
and seven years, the number of persons between the ages P- s'- *«/§ $.'
of seven and fourteen years, and the number of persons isos! m, § 17.
between the ages of fourteen and sixteen years, residing 1900> 175'
in the town (or city), according to the school census taken
on the first day of September, last preceding the date of
this certificate.

Second. The number of persons in the average member-
ship of the public schools of the town (or city), for the
school year last preceding the date of the certificate, as
determined by the rules of the state school register.

Third. The amount of money raised by taxation by the
town (or city), and expended during the fiscal year last
preceding the date of the certificate for the support of the
public schools, including the wages of teachers, the trans-
portation of school children, fuel, the care of fires, school-
rooms and school premises, repairs, supervision, text-
books and supplies, and school sundries or incidentals, but
excluding alterations of school buildings, other than re-
pairs, and construction of schoolhouses and contributions
for the support of public schools which may be received
from the commonwealth or from other sources than local
taxation, and also the total expenditures, classified, for the
public schools during the school year last preceding the
date of this certificate.

Fourth. That the town (or city) has maintained during
the school year last preceding the date of this certificate
each of the schools, as required by section one of chapter
forty-two of the Revised Laws, as amended by chapter
one hundred and eighty-one of the acts of the year nine-
teen hundred and eight, and by chapter five hundred and
twenty-four of the acts of the year nineteen hundred and

PUBLIC INSTRUCTION. [Chap. 43.

c£tioLofedu~

Registers and
returns.
1826, 143, § 8.
R. S. 23, §§ 63,

1837, 227.

1838, 105, § 6.
1846, 223, § 3.
1850, 179.

G. S. 40, § 5.
1865, 142, § 3.
P. S. 46, §§ 6, 7.
1898, 496, § 18.
3 Cush. 549.

ten, for a period of not less than thirty-two weeks, or
twenty-eight weeks, if such reduction has been allowed
under the provisions of the aforesaid section.

Fifth. That the town (or city) has maintained, during
the school year last preceding the date of this certificate,
a high school, as required by section two of said chapter
forty-two, for a period of months,

days, as stated.

The board of education is authorized and directed to
prepare and furnish to school committees suitable forms
of the certificate required by this section.

SCHOOL REGISTERS AND SCHOOL RETURNS.

SECTION 5. (As amended by section 4 of chapter 368,
Acts of 1912.) School committees shall cause the school
registers to be faithfully kept in all the public schools,
and shall annually, on or before the last day of July,
make returns on the aforesaid forms of inquiry to the
commissioner of education; and school committees of
towns shall also specify therein the purposes to which the
money received by their respective towns from the income
of the school fund has been appropriated. In such returns,
twenty days, or forty half days of actual session, shall
be counted as one month.

Report of com-
mittee.
1838, 105, § 1.
1846, 223, § 4.
1859, 57.
G. S. 40, § 6.
P. S. 46, § 8.
11 Gray, 340.
101 Mass. 142.

REPORT OF THE SCHOOL COMMITTEE TO BE SENT TO THE
COMMISSIONER OF EDUCATION.

SECTION 6. -(As amended by section 5 of chapter 368,
Acts of 1912.) They shall annually make a detailed report
of the condition of the several public schools, which shall
contain any statements or suggestions relative to the
schools which the committee consider necessary or proper.
They shall cause said report to be printed, for the use of
the inhabitants, in octavo, pamphlet form, of the size of
the annual reports of the board of education, and transmit
two copies thereof to the commissioner of education on
or before the last day of April, and shall deposit one copy
in the office of the city or town clerk.

— when not
made.
1853, 93, § 1.

G.S. 40, §7.
3, §9.

P. 8. 46,

FAILURE TO MAKE RETURNS OR REPORT.

SECTION 7. (As amended by section 6 of chapter 368,
Acts of 1912.) If a school committee fails, within the
prescribed time, to make either the returns or the report

Chap. 43.] SCHOOL REGISTERS AND RETURNS. 39

required of it by law, the commissioner of education shall
forthwith notify it of such failure, and it shall immediately
cause the same to be transmitted to him.

IRREGULAR OR INCORRECT RETURNS.

SECTION 8. (As amended by section 7 of chapter 368,
Acts of 1912.) If a return is found to be irregular or in-

• • it i • •• vi i* i • i lo«, oj •

correct, the commissioner of education shall forthwith G. s. 40, § s.
return it, with a statement of all deficiencies therein, to the fsgl'mVao.
school committee for correction, and it shall promptly
correct and return it.

PENALTY FOR FAILURE TO SEND RETURNS OR REPORT TO
THE COMMISSIONER OF EDUCATION.

SECTION 9. (As amended by section 8 of chapter 368, "S^mak
Acts of 1912.) A town whose report or returns do not iffg*^*3*
reach the office of the commissioner of education on or p-f-^'lfi
before the fifteenth day of August shall forfeit ten per i89s,'496, §21*.
cent of the income of the school fund to which it would
otherwise have been entitled. If such report or returns
do not reach said office before the first day of September,
the town's share of said income shall be retained by the
treasurer and receiver general, and shall be added to the
principal of the school fund. A town which is not en-
titled to a portion of the school fund, and a city, whose
report or returns do not reach said office on or before the
first day of September, shall forfeit to the school fund two
hundred dollars.

PENALTY ON SCHOOL COMMITTEE.

SECTION 10. A town which has forfeited any part of
its portion of the income of the school fund through the
failure of the school committee to perform its duties rela- g4| ITS' 19
tive to the school report and school returns may withhold P.'s.'46,'§i4.'
the compensation of the committee.

TEACHERS SHALL FAITHFULLY KEEP REGISTERS.

SECTION 11. (As amended by section 9 of chapter 868, xlf JklTnot to
Acts of 1912.) The several school teachers shall faithfully draw pay until

' , . , /. , , ., , , ^ return of regia-

keep the registers of attendance daily, and make due ter.
return thereof to the school committee or to such person as G. s. 4o,'§ is.
the committee may designate. No teacher of a public &»?,*$
school shall receive payment for services for the two weeks 1898> 4%> 5]19<

PUBLIC INSTRUCTION. [Chap. 44.

preceding the close of any term until the register, properly
filled up and completed is so returned. All registers shall
be kept at the schools, and at all times during school
hours shall be open to the inspection of the school com-
mittee, the superintendent of schools, the truant officers
and the commissioner of education and agents of the board
of education. In reckoning the average membership and
the percentage of attendance in the schools, no pupil's
name shall be omitted in counting the number of persons
belonging to the school and the number of absences of
such persons until it is known that such pupil has with-
drawn from the school without intention of returning or,
in the absence of such knowledge, until ten consecutive
days of absence have been recorded; but the foregoing
provision for computing the average membership and the
percentage of attendance shall not affect proceedings
against habitual truants, absentees or school offenders, or
other persons, under the provisions of section one of
chapter forty-four, as amended by chapter three hundred
and twenty of the acts of the year nineteen hundred and
five, and by chapter three hundred and eighty-three of the
acts of the year nineteen hundred and six, and sections
three, four and five of chapter forty-six, as amended by
chapter three hundred and thirty of the acts of the year
nineteen hundred and three, and by chapter two hundred
and twenty of the acts of the year nineteen hundred and
four. A pupil who is not present during at least half of a
session shall be marked and counted as absent for that
session.

Certain chil-
dren to attend
school.
G. S.41, §1.

1873, 279, § 1.

1874, 233, § 1.
P. S. 47, § 1.
1889,464, § 1.

1890, 384.

1891, 361.
1894, 188;
498, § 1.

1898, 496, §§ 12,

SCHOOL ATTENDANCE.

[Revised Laws, Chapter 44.]

ATTENDANCE COMPULSORY BETWEEN SEVEN AND FOURTEEN
YEARS OF AGE, AND UNDER SIXTEEN IN CERTAIN CASES.

SECTION 1. (As amended by chapter 320, Acts of 1905,
chapter 388, Acts of 1906, and section 1 of chapter 779, Acts
of 1913.) Every child between seven and fourteen years
of age, every child under sixteen years of age who does not
possess such ability to read, write and spell in the English
language as is required for the completion of the fourth
grade of the public schools of the city or town in which he
resides, and every child under sixteen years of age who has

Chap. 44.] SCHOOL ATTENDANCE. 41

not received an employment certificate as provided in this 139 Mass. 374.
act and is not engaged in some regular employment or 159 MaS*. 372!
business for at least six hours per day or has not the
written permission of the superintendent of schools of the
city or town in which he resides to engage in profitable
employment at home, shall attend a public day school in
said city or town or some other day school approved by
the school committee, during the entire time the public
schools are in session, subject to such exceptions as are
provided for in sections four, five and six of this chapter
and in section three of chapter forty-two of the Revised
Laws, as amended by chapter four hundred and thirty-
three of the acts of the year nineteen hundred and two
and by chapter five hundred and thirty-seven of the acts
of the year nineteen hundred and eleven;1 but such at-
tendance shall not be required of a child whose physical
or mental condition is such as to render attendance in-
expedient or impracticable, or who is being otherwise
instructed in a manner approved in advance by the super-
intendent of schools or the school committee. The super-
intendent of schools, or teachers in so far as authorized by
said superintendent or by the school committee, may
excuse cases of necessary absence for other causes not ex-
ceeding five day sessions or ten half-day sessions in any
period of six months. For the purposes of this section, Approval of Pri-
school committees shall approve a private school only UTS, 279 ju.
when the instruction in all the studies required by law is p87|. ^ 2.
in the English language, and when they are satisfied that }fjg' $*• | \-
such instruction equals in thoroughness and efficiency, }gg ^Jsf' 374'
and in the progress made therein, the instruction in the
public schools in the same city or town; but they shall
not refuse to approve a private school on account of the
religious teaching therein.

SCHOOL ATTENDANCE REGULATED.

SECTION 2. (As amended by section 2 of chapter 779,
Acts of 1913.) Every person having under his control a penalty
child as described in section one shall cause him to attend
school as therein required, and, if he fails for five day
sessions or ten half-day sessions within any period of six
months while such control obtains, to cause such child so
to attend school, he shall, upon complaint by an attendance

1 Also further amended by chapter 396, Acts of 1913, page 16 of this pamphlet.

42 PUBLIC INSTRUCTION. [Cbap. 44.

officer and conviction thereof, be punished by a fine of
not more than twenty dollars, and no physical or mental
condition which is capable of correction, or which renders
the child a fit subject for special instruction at public
charge in institutions other than public day schools,
shall avail as defence under the provisions of this or the
preceding section, unless it shall be made to appear that
the defendant has employed all reasonable measures for
the correction of the condition and the suitable instruction
of the child.

ducfngyto°ab-n" Whoever induces or attempts to induce a child to absent
sent himself un- himself unlawfully from school, or employs or harbors a

lawfully from . i , . • i n i .111

schools, etc. child while school is in session, shall be punished by a
fine of not less than ten nor more than fifty dollars.

WHERE CHILDREN HAVE A RIGHT TO ATTEND SCHOOL.

Sa?rlttenddren SECTION 3. (As amended by chapter 268, Acts of 1911,
i855f256'|f and secti°n 3 °f chapter 779, Acts of 1913.) Every child
185?! 132! shall have a right to attend the public schools of the citv

G. S. 41, §§3, 9. , „ • i i • ,T • •

p.s.47, §§4, 10. or town where he actually resides, subject to the provisions
1894. 498, §§ 4, . .

. , , o£ sec^.jon £our of .j^g cnapter, and to such reasonable
i29AUen,' 12?! regulations as to numbers and qualifications of pupils to
165 Mass! 46o! De admitted to the respective schools and as to other
school matters as the school committee shall from time
to time prescribe. No child shall be excluded from a
public school of any city or town on account of race,
color or religion.

ATTENDANCE AT SCHOOLS IN PLACES OTHER THAN
RESIDENCE.

dSdJe nnacte °f SECTION 4. (As amended by chapter 375, Acts of 1905,
school in places chapter 268, Acts of 1911, and section A of chapter 779,

other than resi- A r \-rini » v

dence of parents Acts of 1913.) It shall be the duty of the school com-
?egKed?ns mittee of each city or town to provide for the attendance
G?s.43i2,'§7. of all children of school age resident therein and to enforce
p.7!'. ffiil' the same under the provisions of section one of this
1896* 382* §^' chapter. But if a child who is required by the provisions
1 ' °^ a^ section one to attend school resides temporarily

104
164 Mas'! 430! in a city or town other than that of the legal residence

of his parent or guardian for the especial purpose of
attending school there in preference to the place of such
legal residence, the said city or town may, for the tuition
of such child during the period of such attendance, recover

Chap. 44.] SCHOOL ATTENDANCE. 43

from the parent or guardian, whether he resides within or
without the commonwealth, a sum equal to the average
expense per pupil of such school for that period, unless
under the provisions of section three of chapter forty-two
of the Revised Laws, as amended by chapter four hundred
and thirty-three of the acts of the year nineteen hundred
and two, and by chapter five hundred and thirty-seven of
the acts of the year nineteen hundred and eleven, 1 or of
section five of chapter forty-four of the Revised Laws,
such tuition is recoverable from the city or town in which
the parent or guardian resides.

A child who is not required by the provisions of section Tuition,
one of this chapter to attend school may, in the discretion
of the school committee, be required as a condition of
admission to a school in a city or town other than that
in which his parent or guardian has a legal residence, to
pay as tuition a sum equal to the average expense per
pupil in the school which such child seeks to enter, the
same to be paid annually, semi-annually or at other
periods in advance as the school committee may deter-
mine.

For the tuition in the public schools in any city or town Tuition.
of any child between the ages of five and fifteen years who
shall be placed elsewhere than in his own home by the
state board of charity, or by the trustees of the Massa-
chusetts training schools, or kept under the control of
either of said boards in such city or town, the common-
wealth shall pay to said city or town, and for such tuition
of any such child so placed by the trustees for children of
the city of Boston, or so kept under the control of said
trustees, the city of Boston from its appropriation for
school purposes, shall pay to said city or town fifty cents
for each week of five days, or major part thereof, of
attendance of every such child in the public schools, or,
if the school committee of said city or town so desires, an
amount equal to the average expense for each pupil of
such school during the preceding year, for a period equal
to the time during which the child so attends.

For the transportation to and from a public school of Transportation.
any child whose tuition is payable by the commonwealth
or by the city of Boston under the provisions of this sec-
tion, the commonwealth or the city of Boston, as the case

1 Also further amended by chapter 396, Acts of 1913.

44 PUBLIC INSTRUCTION. [Chap. 44.

may be, shall pay to the city or town furnishing such
transportation, for each week of five days or major part
thereof, an amount equal to the average amount for each
child paid by said city or town per week for the transporta-
tion of children to and from school over the route by
which such child is conveyed. Settlements of the accounts
of the several cities and towns with the commonwealth
and with the city of Boston shall be made annually on the
first day of April, and the amounts found due shall be
paid within three months thereafter. The money received
by said cities and towns under the provisions of this
section shall be applied to the support of schools. For
the tuition in the public schools in any town of less than
ten thousand inhabitants of any child between the ages
of five and fifteen years not theretofore resident in such
town, who is an inmate of an institution containing
more than six inmates, such town may recover from said
institution the additional school expense incurred, as
may be determined jointly by the school committee of
said town and the trustees or managers of said institu-
tion, or, in case of disagreement between said school
committee and said trustees or managers, as may be
decreed by the probate court; but no demand shall be
made upon said trustees or managers without a vote
of the town instructing the school committee to that
effect.
Attendance SECTION 5. Any child, with the consent of the school

outside place of . • ' i • • i • i i

i857dei32e' committee or the city or town in which he resides, may
G. s. 4i,' §7. attend, at the expense of said city or town, the public
p. s'. 47,'§8.' schools of another city or town, upon such terms as may
1898,' 4%! § 16. be satisfactory to the school committees of the cities or
towns in interest.

VACCINATION OF CHILDREN; ALSO EXCLUSION FROM SCHOOL
ON ACCOUNT OF CONTAGIOUS DISEASE.

cwidiention °f SECTION 6. (As amended by chapter 371, Acts of 1906,

gbf-jj&tt and chapter 215, Acts of 1907.) A child who has not been

1894,' 515! ' vaccinated shall not be admitted to a public school

except upon presentation of a certificate granted for

cause stated therein, signed by a regular practising physi-

Eu°iisinnhofuse- ^^ ^ia^ ^6 *s no^ ^ ^ subject ^or vaccination. A child
hoS ha?ingua3e~ who is a member of a household in which a person is ill
disease?118 with smallpox, diphtheria, scarlet fever, measles, or any

Chap. 45.] THE NAUTICAL TRAINING SCHOOL. 45

other infectious or contagious disease,1 or of a household G5s.44i4,'§§l.'
exposed to such contagion from another household as fggf*^* §9'
aforesaid, shall not attend any public school during such JfJJ'Jjji1
illness until the teacher of the school has been furnished §§ Q,' 10. '
with a certificate from the board of health of the city or
town, or from the attending physician of such person, stat-
ing that danger of conveying such disease by such child
has passed.

REASONS TO BE GIVEN FOR EXCLUSION; ALSO DAMAGES
FOR UNLAWFUL EXCLUSION.

SECTION 7. The parent, guardian or custodian of a Exclusion from
child who has been refused admission to or excluded from for, when.
the public schools shall on application therefor be furnished 1355! 256,' §§ 2-4.
by the school committee with a statement in writing of the §; s' 41> §§
reasons for the exclusion. After a statement has been so f3- s- 47> §§ n"
furnished a child who has been so refused admission to or }®94' 493, §§ 12-
excluded from said schools may recover damages from the ISQS, 496^ § 9.
city or town in an action of tort for unlawful exclusion, ? Gray! 245!
and may examine any member of the school committee ne

or any other officer of the defendant city or town, upon H? MOM! 581.'
interrogatories, as if he were a party to the action. 165 Mas3- 460<

PUPIL NOT TO BE EXCLUDED WITHOUT A HEARING.

SECTION 8. A school committee shall not permanently ^f^j^jj
exclude a pupil from the public schools for alleged mis- out hearing.
conduct without first giving him an opportunity to be lf
heard.

THE NAUTICAL TRAINING2 SCHOOL.

[Revised Laws, Chapter 45.]

SECTION 1. There shall be a board of commissioners of
the Massachusetts nautical training school consisting of
three citizens of the commonwealth, one of whom shall i^iTTolCiff.
annually, before the first day of July, be appointed by
the governor, with the advice and consent of the council,
for a term of three years from said first day of July.

SECTION 2. Said commissioners shall serve without ~
compensation, but they shall be reimbursed by the com- *m m §2

1 A list of diseases declared dangerous to the public health may be secured on appli-
cation to the State Department of Health, State House, Boston.

2 See chapter 224, Acts of 1913, page 46 of this pamphlet, for change of name.

PUBLIC INSTRUCTION. [Chap. 45.

Res.

, 4.

i89i°°402 §5
1893,' 124!

monwealth for all expenses actually incurred by them in
the performance of their official duties.

SECTION 3. They shall provide and maintain a nautical
training school for the instruction and training of pupils
in the science and practice of navigation, shall provide
accommodations for the school on board a proper vessel,
purchase and provide books, stationery, apparatus and
supplies needed in the work of the school, appoint and
remove instructors and other necessary employees, deter-
mine their number and compensation, fix the terms and
conditions upon which pupils shall be received and in-
structed in the school and be discharged or dismissed
therefrom, establish all regulations necessary for its proper
management and shall from time to time provide for
cruises in or from the harbor of Boston.

7eSTeai8froCmIhe SECTION 4. They may receive from the United States
government, and use for the accommodation of the school,
sucn vessels as the secretary of the navy may detail.

SECTION 5. (As amended by chapter 171, Acts of
^903.) They may annually expend such sum as the
general court may from year to year appropriate, which
shall be paid by the commonwealth; and they shall annu-
ally submit an estimate of the expense required in making
cruises in or from the harbor of Boston, and the amount
of said estimate, after approval by the governor and coun-
cil and subject to the provisions of chapter six, shall be
advanced to the commanding officer of the vessel detailed
therefor, who shall give a bond in the sum of ten thousand
dollars, with sureties approved by the governor and coun-
cil, for its proper disbursement. Said advance shall not
exceed ten thousand dollars for six months, and shall be
accounted for by properly approved vouchers within thirty
days after the termination of said cruises.

SECTION 6. They shall annually, in January, report to
the general court a detailed statement of all moneys ap-
propriated and expended during the preceding year for the
nautical training school, stating the results of the work during
such year and making any necessary recommendations.

TO CHANGE THE NAME OF THE MASSACHUSETTS NAUTICAL TRAIN-

ING SCHOOL.

Chapter 224, Acts of 1913, provides as follows: —
SECTION 1 . The Massachusetts nautical training school shall here-
after be designated and known as the Massachusetts nautical school.
SECTION 2. This act shall take effect upon its passage.

f89?,U4ao2?

Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 47

TRUANTS AND TRAINING SCHOOLS.

[Revised Laws, Chapter 46.]
UNION OF COUNTY TRAINING SCHOOLS.

SECTION 1. (As amended by chapter 256, Acts of 1902,
and section 5 of chapter 779, Acts of 1913.) The county
commissioners of each county, except the counties of p^sUs.sw.
Barnstable, Berkshire, Franklin, Hampshire, Dukes County isse', 232!
and Nantucket, shall maintain either separately or jointly 1394! 498,' § 10.
with the commissioners of other counties as hereinafter HJeJeo.
provided, in a suitable place, not at or near a penal insti- S'Jgg'. § 22<
tution, a school for the instruction and training of chil-
•dren committed thereto as habitual truants, absentees or
school offenders. The county commissioners of two or
more counties may, at the expense of said counties, estab-
lish and maintain a union school which shall be organized
.and controlled by the chairmen of the county commis-
sioners of said counties. The chairmen of the respective
boards of county commissioners of the counties of Norfolk,
Bristol and Plymouth, having the management of the
Norfolk, Bristol and Plymouth union training school, shall
each be paid the sum of one hundred dollars annually by
said counties, respectively. The county commissioners of
the counties of Barnstable, Berkshire, Franklin, Hamp-
shire, Dukes County and Nantucket shall assign a training
school established by law as the place for the instruction
and training of children committed within their respective
counties as habitual truants, absentees or school offenders,
and shall pay for their support in said school such reason-
able sum as the county commissioners having control of
said school may determine. For the purposes of this
chapter the parental school : of the city of Boston shall be
deemed the county training school of the county of Suf-
folk, and commitments from the towns of Revere and
Winthrop and the city of Chelsea shall be to the training
school for the county of Middlesex.

The city or town from which an habitual truant, ab-
sentee or school offender is committed to a county train-
ing school shall pay to the county within which it is
situated one dollar a week toward his support, and reports

1 See chapter 738, ActS of 1914, page 54 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 46.

of the condition and progress of its pupils in said school
shall be sent each month to the superintendent of schools
of such city or town; but the towns of Revere and Win-
throp and the city of Chelsea shall pay to the county of
Middlesex, for the support of each child committed to the
training school of said county, two dollars and fifty cents
a week, and such additional sums for each child as will
cover the actual cost of maintenance.

VISITATION BY STATE BOARD OF EDUCATION AND BY THE
STATE BOARD OF CHARITY.

SECTION 2. County truant schools shall be subject to
1898, 496, § 23. visitation by the board of education and by the state board
of charity, and said boards shall report thereon annually
to the general court.

Truant schools,
visitation of.

2XS?1

J889, 249,
1898J 495!

2^
24!

HABITUAL TRUANTS.

SECTION 3. (As amended by chapter 330, Acts of 1903,
chapter 220, Acts of 1904, and section 6 of chapter 779,
Acts of 1913.} A child between seven and sixteen years of
age who wilfully and habitually absents himself from
school contrary to the provisions of section one of chapter
forty-four of the Revised Laws, as amended, shall be
deemed to be an habitual truant, and, unless placed on
probation as provided in section seven of this chapter,
may, upon complaint by an attendance officer and con-
viction thereof, be committed to a county training school.

HABITUAL ABSENTEES.

SECTION 4. (As amended by chapter 330, Acts of 1903,
1898, 496, §25. chapter 220, Acts of 1904, and section 7 of chapter 779,
Acts of 1913.) A child between seven and sixteen years
of age who may be found wandering about in the streets
or public places of any city or town, having no lawful
occupation, habitually not attending school and growing
up in idleness and ignorance, shall be deemed to be an
habitual absentee, and, unless placed on probation as
provided in section seven of said chapter forty-six may,
upon complaint by an attendance officer or any other
person, and conviction thereof, be committed to a county
training school.

Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 49

HABITUAL SCHOOL OFFENDERS.

SECTION 5. (As amended by chapter 330, Acts of 1903,
chapter 220, Acts of 1904, and section 8 of chapter 779, }gg;Jg;{fK
Acts of 1913.) A child under sixteen years of age who ISQS! 490! § 25!
persistently violates the reasonable regulations of the
school which he attends, or otherwise persistently mis-
behaves therein, so as to render himself a fit subject for
exclusion therefrom, shall be deemed to be an habitual
school offender, and, unless placed on probation as pro-
vided in section seven of said chapter forty-six may, upon
complaint by an attendance officer and conviction thereof,
be committed to a county training school.

SUPPORT OF INMATES OF TRAINING SCHOOLS.

SECTION 6. (As amended by section 9 of chapter 779, ^^i°^.
Acts of 1913.} The court or magistrate by whom a child ing schools.
has been committed to a county training school may make
an order relative to the payment by his parents to the
county of the cost of his support while in said school, and
may from time to time revise and alter such order or make
a new order as the circumstances of the parents may
justify.

TRUANTS ON PROBATION.

SECTION 7. A court or magistrate by whom a child has Placing truants

i . , -i <» «> i j i •• p j i • on probation.

been convicted or an onence under the provisions 01 this isos, 496, § 28.
chapter may place such child on probation under the over-
sight of a truant officer of the city or town in which the
child resides, or of a probation officer of said court, for
such period and upon such conditions as said court or
magistrate may deem best; and if, within such period, the
child violates the conditions of his probation, such truant
officer or probation officer may, without warrant or other
process, take the child before the court, and the court may
thereupon sentence him or may make any other lawful
disposition of the case.

PERMITS TO BE AT LIBERTY; ALSO RELEASES.

SECTION 8. (As amended by chapter $20, Acts of 1904, aUiblrt^0 be
and section 10 of chapter 779, Acts of 1913.) County }gg.5Jj-'

*• • (* i i 1*1* •n i /» 11 loao, 49o, § z.'J

commissioners, if they think it will be for the best sso, § i.
interest of any child who has been committed to a
county training school under their control, after notice

50 PUBLIC INSTRUCTION. [Chap. 46.

and an opportunity to be heard has been given to the
superintendent of schools, or, if there is no superintendent,
to the school committee of the city or town from which
such child was committed to said school, may permit him
to be at liberty upon such conditions as said commissioners
may deem best; or, with the approval of the court which
imposed the sentence, they may discharge him from said
school; and upon such parole or discharge they shall make
an entry upon their records of the name of such child, the
date of parole or discharge and the reason therefor; and
a copy of such record shall be transmitted to the court or
magistrate by whom such child was committed and to the
school committee of the city or town from which he was
committed .

If such child, in the opinion of said commissioners, vio-
lates the conditions of his parole at any time previous to
the expiration of the term for which he was committed to
said school, such parole may be revoked. If a superin-
tendent of schools or a school committee furnishes evi-
dence satisfactory to said commissioners of the violation
by a child of the conditions of his parole, said commis-
sioners shall revoke such parole, and may thereupon issue
an order directed to the attendance or police officers of
any city or town to arrest such child wherever found and
return him to said school. Such officer shall arrest such
child and return him to said school, where he shall be
held, subject to the provisions of this chapter, for the
residue of the term of the original sentence.

The expense of such arrest and return, so far as ap-
proved by the commissioners, shall be paid by the county
or counties maintaining said school. A child who has
been committed to a county training school, whether he
be confined at the county training school or be on parole
as provided in this section, shall be discharged from the
custody and care of such school upon his becoming six-
teen years of age. Releases from the parental school 1 of
the city of Boston shall be governed by the provisions of
chapter five hundred and fourteen of the acts of the
year eighteen hundred and ninety-six, and shall be made
by the trustees for children who shall have and exercise
the powers given by said chapter to the institutions com-
missioner of said city.

1 See chapter 738, Acts of 1914, page 54 of this pamphlet.

Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 51

TEMPORARY RELEASE OF HABITUAL TRUANTS, ABSENTEES,
OR SCHOOL OFFENDERS.

SECTION 9. (As amended by chapter 308, Acts of
1903.) If a near relation of a child who is confined on ing school.
a sentence as an habitual truant, habitual absentee or
habitual school offender dies or is seriously ill, any member
of the board of trustees or county commissioners having
charge of the institution may order such child to be re-
leased for a specified time, either with or without the cus-
tody of the superintendent or other officer, and may revoke,
extend or otherwise modify such order. The expenses
incurred in serving such order shall be approved and paid
in the same manner as other expenses of the institution in
which the child is confined.

DISPOSITION OF VICIOUS INMATES.

SECTION 10. (As amended by chapter 330, Acts of 1903,
and section 11 of chapter 779, Acts of 1913.) An inmate
of a county training school or of the parental * school of
the city of Boston who persistently violates the reasonable
regulations thereof, or is guilty of indecent or immoral
conduct, or otherwise grossly misbehaves, so as to render
himself an unfit subject for retention therein, may, upon
complaint by the officer in control of said school and con-
viction thereof, if under fifteen years of age, be committed
to the Lyman school for boys; if over fifteen years of age,
to the industrial school at Shirley. If a girl who is com-
mitted to the custody of the state board of charity under
sections three, four or five of this chapter, proves un-
manageable in a private family, she may be committed,
by the state board of charity, to the state industrial
school for girls.

SUMMONSES, WARRANTS, JURISDICTION.

SECTION 11. Police, district and municipal courts and

..-,.. n .. , , .

trial justices shall have jurisdiction of offences arising P^S- |^ § is.
under the provision of section one of chapter forty-four and 1894,' 498,' § is.

j.1 • • £ xl_ • l_ A iSSS, 496, § 32.

under the provisions of this chapter. A summons or
warrant issued by such court or justice may be served, at
the discretion of the court or magistrate, by a truant officer 2

1 See chapter 738, Acts of 1914, page 54 of this pamphlet.

2 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 46.

or by any officer qualified to serve criminal process. Upon
complaint against a child for any such offence the parents,
guardian or custodian of the child shall be notified as is
required by section seventeen of chapter eighty-six. 1 A
child against whom complaint as an habitual absentee is
brought by any other person than a truant officer shall not
be committed until notice and an opportunity to be heard
have been given to the state board of charity.

Attendance

(truant)

officers.

1873, 262, § 2.

1874, 233, § 2.
P. S. 48, §11.
1894, 498, § 20.
1898, 496, § 33.

ATTENDANCE OFFICERS.

SECTION 12. (As amended by chapter 552, Acts of 1912,
and chapter 711, Acts of 1912.) The school committee
of every city and town shall appoint and fix the compen-
sation of one or more truant officers, 2 who may be either
male or female as the committee may decide, and shall
make regulations for their government. Truant officers 2
shall not receive fees for their services. The school com-
mittees of two or more cities or towns may employ the
same truant officers.

— duties of.
1873, 262, § 2.
P. S. 48, § 11.
1889, 422.
1894, 498, § 23.
1898, 496, § 34.

DUTIES OF ATTENDANCE OFFICERS.

SECTION 13. (As amended by section 12 of chapter 779,
Acts of 1913.) Attendance officers shall inquire into all
cases arising under the provisions of sections one, two,
three, four and six of chapter forty-four and sections
three, four, five and eight of this chapter, or of sections
sixty-one, sixty-two, sixty-three or sixty-six of chapter five
hundred and fourteen of the acts of the year nineteen
hundred and nine, and may make complaints and serve
legal processes issued under the provisions of this chapter.
They shall have oversight of children placed on probation
under the provisions of section seven; of children suffering
want to whom the provisions of chapter three hundred
and fifty-six 3 of the acts of the year nineteen hundred and
four apply; of minors licensed by the school committee
under the provisions of chapter four hundred and nine-
teen z of the acts of the year nineteen hundred and ten
and subsequent amendments thereof; and of children
admitted to or attending shows or entertainments con-
trary to the provisions of chapter five hundred and thirty-

1 See also section 4, chapter 413, Acts of 1906.

z See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet.

3 See page 72 of this pamphlet.

Chap. 46.] TRUANTS AND TRAINING SCHOOLS. 53

two l of the acts of the year nineteen hundred and ten.
An attendance officer may apprehend and take to school
without a warrant any truant or absentee found wander-
ing about in the streets or public places.

ATTENDANCE OFFICERS.

Chapter 779, Acts of 1913, amends certain sections of this chapter
(chapter 46, Revised Laws), and includes three new sections, as
follows : —

SECTION 13. The officers hitherto known as truant officers Truant officers
shall hereafter be known as attendance officers, and all laws now attendance" &S
or hereafter in force relative to truant officers shall apply to at- officers,
tendance officers.

MANUAL TRAINING AND INDUSTRIAL EDUCATION.

SECTION 24. Nothing in this act shall be construed to prevent Children not
children of any age from receiving manual training or industrial f ^^ FI8ceTvFned
education in, or in connection with, any school in this common- manual train-
wealth: provided, that the same has been duly approved by the ingi ®tCt
local school committee or by the board of education. Proviso.

SECTION 25. Chapter three hundred and eighty-nine of the Repeal.
acts of the year nineteen hundred and six and chapter three hundred
and ten of the acts of the year nineteen hundred and eleven and
all acts and parts of acts inconsistent with the provisions of this
act are hereby repealed.

THE NAME OF THE ESSEX COUNTY TRUANT SCHOOL CHANGED

TO THE ESSEX COUNTY TRAINING SCHOOL.
Chapter 148, Acts of 1906, provides as follows: —
SECTION 1. The Essex County Truant School at Lawrence

shall hereafter be called the Essex County Training School.
SECTION 2. This act shall take effect upon its passage.

NAME OF THE WORCESTER COUNTY TRUANT SCHOOL CHANGED

TO THE WORCESTER COUNTY TRAINING SCHOOL.
Chapter 194, Acts of 1907, provides as follows: —
SECTION 1. The Worcester County Truant School at West

Boylston, shall hereafter be called the Worcester County Training

School.

SECTION 2. This act shall take effect upon its passage.

CHANGE IN NAME OF CERTAIN TRUANT SCHOOLS.

Chapter 103, Acts of 1908, provides as follows :-

The truant school at Springfield in the county of Hampden, Certain truant
the truant school at Chelmsford in the county of Middlesex, and
the truant school at Walpole in the county of Norfolk shall here-
after be called, respectively, the Hampden county training school,
the Middlesex county training school, and the Norfolk, Bristol
and Plymouth union training school; and any school hereafter es-

1 See page 73 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 46.

Disciplinary
day schools
may be estab-
lished in city
of Boston.

Construction,
etc., of build-
ings.

Rules and
regulations.

Apprehension
of truants, etc.

Penalty for
failure to
cause child to
attend school.

Penalty for in-
ducing child
to absent him-
self from
school, etc.

Commitment
of certain
offenders to
Suffolk School
for Boys.

Proviso.

tablished pursuant to section one of chapter forty-six of the Revised
Laws relative to truants and truant schools shall be called a train-
ing school. All laws now or hereafter in force relative to truants
and truant schools shall apply to training schools and to commit-
ments thereto.

CHAPTER 738, ACTS OP 1914.

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF DISCIPLINARY

DAY SCHOOLS IN THE CITY OF BOSTON AND THE ABOLITION OF

THE PARENTAL SCHOOL OF SAID CITY.

SECTION 1. The school committee of the city of Boston may
establish and maintain one or more disciplinary day schools for the
instruction and training of children who are habitual truants,
absentees or school offenders as defined in sections three, four and
five of chapter forty-six of the Revised Laws as amended by chapter
three hundred and thirty of the acts of the year nineteen hundred
and three and by chapter two hundred and twenty of the acts of
the year nineteen hundred and four, and by sections six, seven and
eight, respectively, of chapter seven hundred and seventy-nine of
the acts of the year nineteen hundred and thirteen.

SECTION 2. The board of schoolhouse commissioners of the
city of Boston may erect and furnish such school buildings upon
land now owned by the city and now used for school purposes or
otherwise, or said board of schoolhouse commissioners may cause
to be taken, in the same manner in which land is taken for school
purposes, land in said city to be occupied by said school buildings
and shall construct and furnish such school buildings thereon.

SECTION 3. The school committee may adopt rules and regu-
lations for the supervision and direction of such schools, and may
also establish rules and regulations for placing children in such
schools.

SECTION 4. Any attendance officer may apprehend and take
to any such school without a warrant any habitual truant, absentee
or school offender who has been placed in such school under rules
and regulations established by the school committee relating thereto.

SECTION 5. Every person having under his control a child
placed in any such school shall cause him to attend school as pro-
vided in the rules and regulations of the school committee, and if
he fails to cause such child so to attend school he shall, upon com-
plaint of an attendance officer and upon conviction thereof, be
punished by a fine of not more than ten dollars. Whoever induces
or attempts to induce a child to absent himself from any such
school, or employs or harbors a child while such school is in session,
shall be punished by a fine of not less than five nor more than
twenty dollars.

SECTION 6. An inmate of any such school who persistently
violates the reasonable regulations thereof, or who is generally of
indecent or immoral conduct, or who otherwise grossly misbehaves,
so as to render himself an unfit subject to attend such school, may,
upon complaint by an attendance officer or by the officer in control
of such school and conviction thereof, if under fifteen years of age,
be committed to the Suffolk School for Boys: provided, however,
that in no case shall the sentence be for a period of more than two
years.

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 55

SECTION 7. All children confined in the parental school of the Transfer of
city of Boston at the date when the schools herein provided for are j£|J£j£J SSSbi.
established shall be transferred to the schools established by this
act, and shall thereafter be required to attend such schools under
the rules and regulations of the school committee.

SECTION 8. One year after the completion and opening of the Parental school
schools provided for in this act, the city of Boston is hereby au- ^e a ied)
thorized to sell or otherwise dispose of or to transfer to any de-
partment of the city, to be used for municipal purposes, the land
and buildings now occupied by the said parental school. Upon the
sale or transfer of the property the parental school of the city of
Boston shall be abolished, and said city of Boston and the county
of Suffolk shall thereafter be exempt from the provisions of all
laws relating to the maintenance of a county training school.

SECTION 9. All acts and parts of acts relating to the commit- Repeal,
ment of children to the parental school of the city of Boston are
hereby repealed.

SECTION 10. This act shall take effect when the schools herein Tjme of taking
provided for are ready for occupancy. The school committee shall e
notify the mayor thereof, and the mayor may then issue his procla-
mation establishing such schools as disciplinary day schools.

EMPLOYMENT OF WOMEN AND CHILDREN.

[Chapter 514, Acts of 1909.]

GENERAL PROVISIONS.

SECTION 17. The following words and phrases as used gf Inif0°6ns§- 8t
in all laws relative to the employment of labor shall,
unless a different meaning is plainly required by the con-
text, have the following meanings : —

"Child" or "Minor" shall mean a person under eight-
een years of age, except that in regard to the compulsory
attendance of illiterate minors at day or evening schools,
the word "Minor" shall mean a person under the age of
twenty-one years.

(The above paragraph is as amended by chapter 241, Acts of 1911, and
Chapter 191, Acts of 1912.)

"Factory" shall mean any premises where steam, water
or other mechanical power is used in aid of any manufac-
turing process there carried on.

56 PUBLIC INSTRUCTION. [Chap. 514.

"Manufacturing establishments" shall mean any prem-
ises, room or place used for the purpose of making, alter-
ing, repairing, ornamenting, finishing or adapting for
sale any article or part of an article.

"Mechanical establishments" shall mean any premises,
other than a factory as above defined, in which machinery
is employed in connection with any work or process car-
ried on therein.

"Mercantile establishments" shall mean any premises
used for the purposes of trade in the purchase or sale of
any goods or merchandise, and any premises used for the
purposes of a restaurant or for publicly providing and
serving meals.

"Workshop" shall mean any premises, room or place,
which is not a factory as above defined, wherein manual
labor is exercised by way of trade or for purposes of gain
in or incidental to a process of making, altering, repairing,
ornamenting, finishing or adapting for sale any article or
part of an article, and to which or over which premises,
room or place the employer of the persons working therein
has the right of access or control; but the exercise of such
manual labor in a private house or private room by the
family dwelling therein or by any of them or if a majority
of the persons therein employed are members of such fam-
ily, shall not of itself constitute such house or room a
workshop within this definition.

WHEN AND WHERE CHILDREN UNDER FOURTEEN YEARS OF
AGE SHALL NOT BE EMPLOYED.

SECTION 56. (As amended by section 14 of chapter 719,

s Acis °f 1913> and Section 1 °f chapter 831, acts of 1913.) No
i905,'267,§ i. " minor under fourteen years of age shall be employed or
906f28' permitted to work in or about or in connection with any

factory, workshop, manufacturing, mechanical or mer-
cantile establishment, barber shop, bootblack stand or
establishment., public stable, garage, brick or lumber yard,
telephone exchange, telegraph or messenger office or in
the construction or repair of buildings, or in any contract

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 57

or wage earning industry carried on in tenement or other
houses. No minor under fourteen years of age shall be
employed at work performed for wage or other compensa-
tion, to whomsoever payable, during the hours when the
public schools are in session or shall be employed at work
before half past six o'clock in the morning or. after six
o'clock in the evening.

PROVISIONS RELATING TO EMPLOYMENT OF CHILDREN
BETWEEN FOURTEEN AND SIXTEEN YEARS OF AGE.

SECTION 57. (As amended by section 15 of chapter 779,
Acts of 1913.) No child between fourteen and sixteen
years of age shall be employed or be permitted to work teen.
in, about or in connection with any factory, workshop,
manufacturing, mechanical or mercantile establishment
unless the person, firm or corporation employing such
child procures and keeps on file accessible to the attend-
ance officers of the city or town, to agents of the board of
education, and to the state board of labor and industries
or its authorized agents or inspectors, the employment
certificate as hereinafter provided issued to such child, and
keeps a complete list of the names and ages of all such
children employed therein conspicuously posted near the
principal entrance of the building in which such children
are employed: provided, however, that children who are Proviso.
over fourteen but under sixteen years of age shall be per-
mitted to work in mercantile establishments on Saturdays
between the hours of seven in the morning and six in the
evening, without such certificate. On termination of the
employment of a child whose employment certificate is on
file, said certificate shall be returned by the employer
within two days after said termination to the office of the
superintendent of schools from which it was issued.

EMPLOYMENT CERTIFICATE; CERTAIN PAPERS TO BE FILED
BEFORE EMPLOYMENT CERTIFICATE IS ISSUED.

SECTION 58. (As amended by section 3 of chapter 257, Employment
Acts of 1910, chapter 269, Acts of 1911, and section 16 of i*n»,«te.
chapter 779, Acts of 1913.) An employment certificate
shall be issued only by the superintendent of schools or
by a person authorized by him in writing, or, where there
is no superintendent of schools, by a person authorized in
writing by the school committee, of the city or town where

PUBLIC INSTRUCTION. [Chap. 514.

Proviso.

the child to whom it is issued resides during his employ-
ment, or in case the child resides outside the common-
wealth, of the city or town in which the child is to be
employed: provided, that no member of a school com-
mittee or other person authorized as aforesaid shall have
authority to issue such certificate for any child then in,
or about to enter, such person's own employment or the
employment of a firm or corporation of which he is a
member, officer or employee.

^e Person issuing employment certificates shall in each
fore Certificate case, before issuing a certificate, receive, examine, approve
and file the following papers, duly executed: —

(1) A pledge or promise signed by the employer or by
an authorized manager or superintendent, setting forth the
character of the employment, the number of hours per
day during which the child is to be regularly employed
and the name and address of the employer, in which
pledge or promise the employer agrees to employ the child
in accordance with the provisions of this act, and to return
the employment certificate as provided in section fifty-seven.

(2) The school record of such child, properly filled out
and signed as hereinafter provided.

(3) A certificate signed by a school or family physician,
or by a physician appointed by the school committee,
stating that the child has been thoroughly examined by
said physician and, in his opinion, is in sufficiently sound
health and physically able to perform the work which the
child intends to do.

(4) Evidence of age showing that the child is fourteen
years of age, which shall consist of one of the following
proofs of age:

(a) A birth certificate, or a duly attested transcript
thereof, made by a registrar of vital statistics or other
officer charged with the duty of recording births.

(6) A baptismal certificate, or a duly attested transcript
thereof, showing the age and date of baptism of the child.

(c) In case none of the aforesaid proofs of age is ob-
tainable, and only in such case, the person issuing em-
ployment certificates may accept in lieu thereof a passport
or a duly attested immigration record, or transcript
thereof, showing the age of the child, or other official or
Proviso. religious record of the child's age: provided, that it shall

appear to the satisfaction of said person that the same is
good and sufficient evidence of the child's age.

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 59

(d) In case none of the aforesaid proofs of age is ob-
tainable, and only in such case, the person issuing employ-
ment certificates may accept in lieu thereof a record of
age as given on the register of the school which the child

first attended in the commonwealth: provided, that such Proviso,
record was kept for at least two years during the time
when such child attended school.

(e) In case none of the aforesaid proofs of age is obtain-
able, and only in such case, the person issuing employ-
ment certificates may receive the signed statement of the
school physician, or of the physician appointed by the
school committee, stating that, after examination, it is the
opinion of such physician that the child is at least four-
teen years of age. Such physician's statement shall be
accompanied by a statement signed by the child's parent,
guardian or custodian, or in case such child has no parent,
guardian or custodian, the signed statement of the next
adult friend. Such signed statement shall contain the
name, date and place of birth and residence of the child,
and shall certify that the parent, guardian, custodian or
next friend signing the statement is unable to produce
any of the proofs of age specified in this section. Such
statement shall be signed in the presence of the person
issuing employment certificates by the parent, guardian,
custodian, or next friend. The person issuing employ-
ment certificates may, before issuing a certificate, require
the parent, guardian, custodian, or next adult friend of the
child to appear and approve in writing the issuance of
said certificate.

CHARGING OF FEES FOR CERTIFICATES RELATING TO MINORS

PROHIBITED.

Chapter 316, Acts of 1914, provides as follows: —
It shall be unlawful for any city or town clerk or other official
to charge any fee for a certificate relating to the age or place of
birth of any minor or to any other fact sought to be established
in relation to school attendance, but such certificates shall be issued,
upon request, by any city or town clerk.

SCHOOL RECORDS.

SECTION 59. (As amended by section 17 of chapter 779, School Records.
Acts of 1918, and chapter 580, Acts of 1914.) The school
record required by section sixteen1 of this act shall be

1 See section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 514.

filled out and signed by the principal or teacher in charge
of the school which the child last attended and shall be
furnished only to a child who, after due examination and
investigation, is found to be entitled thereto. Said
school record shall state the grade last completed by such
child and the studies pursued in completion thereof. It
shall state the number of weeks during which such child
has attended school during the twelve months next pre-
ceding the time of application for said school record. It
shall also give the name, date of birth, and the residence
of the child as shown on the records of the school and the
name of the parent, guardian or custodian. In case it is
found to be impossible to obtain said school record from
the principal or teacher in charge of the school which
such child last attended, the requirement of a school record
may be waived.

No such school record shall be issued or accepted, and
no employment certificate shall be granted unless the child
possesses the educational qualifications enumerated in
section one of chapter forty-four of the Revised Laws as
amended by section one of this act. 1

No such school record shall be issued or accepted unless
the child has regularly attended the public schools or other
lawfully approved schools for not less than one hundred
and thirty days after becoming thirteen years of age:
provided, however, that the school record may be accepted
in the case of a person who has been an attendant at a
public day school or other lawfully approved school for a
period of not less than seven years, if in the opinion of
said superintendent such person is mentally incapable of
acquiring the educational qualifications herein prescribed;
and provided, further, that the superintendent of schools
shall have authority to suspend this requirement in any
case when, in his opinion, the interests of the child will
best be served by such suspension.

SECTION 60. (As amended by section 4 °f chapter 257,
contain certain Acts of 1910, and section 18 of chapter 779, Acts of 1913.)

information, ' ' . \ ' I'M

The employment certificate required by this act shall state
the name, sex, date and place of birth and the place of
residence of the child and describe the color of the hair
and eyes and any distinguishing facial marks of the child.
It shall certify that the child named in such certificate

Provisos.

Employment
certificate to

etc.

1 See section 1, chapter 44, Revised Laws, as amended, page 40 of this pamphlet.

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 61

has personally appeared before the person issuing the
certificate and has been examined and found to possess
the educational qualifications enumerated in section one l
of chapter forty-four of the Revised Laws, as amended
[by section one of this act], and that alt the papers required
by section fifty-eight have been duly examined, approved
and filed and that all the conditions and requirements for
issuing an employment certificate have been fulfilled. It
shall state the grade last completed by said child. Every
such certificate shall be signed in the presence of the
person issuing the same by the child in whose name it is
issued. It shall state the name of the employer for whom,
and the nature of the employment in which, the certificate
authorizes the child to be employed. It shall bear a num-
ber, show the date of its issue and shall be signed by the
person issuing it. No fee shall be exacted for an employ-
ment certificate or for any of the papers required by this
act. Duplicate employment certificates shall not be issued
until it shall appear to the satisfaction of the person au-
thorized to issue certificates that the original certificate
has been lost. A record giving all the facts contained on Certain records
every employment certificate issued shall be filed in the
office issuing the same, together with the papers required
by section fifty-eight as amended. A record shall also be
kept of the names and addresses of all children to whom
certificates have been refused, together with the names of
the schools which said children should attend and the
reasons for refusal. All the aforesaid records and papers
shall be preserved until such children, if living, shall have
become sixteen years of age. Such records and statistics
concerning the issuance of employment certificates as may
be prescribed by the board of education shall be kept and
shall be open to the inspection of said board, its officers
or agents. The blank certificates and other papers re- Blank certifl-
quired in connection with the issuing of employment cer- SSshed'by bc
tificates and educational certificates under this act shall KSSSdfn?
be designed by and furnished to the local school com- du3tries. etc-
mittees by the state board of labor and industries after
conference with the board of education, and the approval
of the forms thereof by the attorney-general. Said cer-
tificates and papers may bear such further and explana-
tory matter as may be needed to facilitate the enforce-

1 See section 1, chapter 44, Revised Laws, as amended, page 40 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 514.

Penalties for
violation of
law as to em-
ployment of
children, etc.

Attendance
officers may
visit factories,
workshops, etc.

Duties of
inspectors.

ment of this act or to comply with future legislative
requirements.

SECTION 61. (.4s amended by chapter 249, Acts of 1910,
and section 19 of chapter 779, Acts of 1913.) Whoever
employs a person under the age of sixteen years, and who-
ever procures or, having under his control a person under
sixteen years of age, permits such person to be employed
in violation of the provisions of sections fifty-six or
fifty-seven of this act, shall for each offence be punished
by a fine of not less than ten dollars nor more than fifty
dollars, or by imprisonment for not more than thirty
days; and whoever continues to employ a person under
sixteen years of age in violation of the provisions of either
of said sections, after being notified thereof by a school
attendance officer or by an inspector appointed by the
state board of labor and industries, shall for every day
thereafter while such employment continues be punished
by a fine of not less than fifty nor more than two hundred
dollars, or by imprisonment for not more than sixty days;
and whoever forges, or procures to be forged, or assists
in forging a certificate of birth or other evidence of the
age of such person, and whoever presents or assists in
presenting a forged certificate or evidence of birth to the
superintendent of schools or to a person authorized by law
to issue certificates, for the purpose of fraudulently ob-
taining the employment certificate required by this act,
shall be punished by a fine of not less than ten nor more
than five hundred dollars, or by imprisonment for not
more than one year, or by both such fine and imprison-
ment. Whoever, being authorized to sign an employment
certificate, knowingly certifies to any materially false
statement therein shall be punished by a fine of not less
than ten nor more than two hundred dollars.

SECTION 62. (As amended by section 20 of chapter 77 9 1
Acts of 1913.) Attendance officers may visit the factories,
workshops, manufacturing, mechanical and mercantile
establishments, theatres, and places of public exhibition
in their several cities and towns and ascertain whether
any children are employed therein contrary to the provi-
sions of this act and shall report in writing any cases of
such illegal employment to the superintendent of schools
or the school committee and to the state board of labor
and industries or its authorized officers or agents. In-
spectors appointed by the state board of labor and indus-

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 63

tries shall visit all factories, workshops, manufacturing,
mechanical and mercantile establishments within their
respective districts, and ascertain whether any children
are employed therein contrary to the provisions of this
act, and shall enter complaint against whomever is found
to have violated any of said provisions. An inspector Penalty,
who knowingly or wilfully violates any provision of this
section may be punished by a fine of not more than one
hundred dollars.

SECTION 63. (As amended by section 21 of chapter 779, 4ndfncey officer
Acts of 1913.} An attendance officer shall apprehend and o^h
take to school, without a warrant, any child under the age ployed,
of twenty-one years who is employed in any factory, work-
shop, manufacturing, mechanical or mercantile establish-
ment in violation of the provisions of this act, or who is
employed in any theatre or place of public exhibition con-
trary to the provisions of this act, and such attendance
officer shall forthwith report to the police, district or
municipal court or trial justice within whose judicial
district the illegal employment occurs, the evidence in his
possession relating to the illegal employment of any child
so apprehended, and shall make complaint against whom-
ever the court or trial justice may direct. An attendance Penalty,
officer who knowingly and wilfully violates any provision
of this section may be punished by a fine of not more than
one hundred dollars for each offence.

SECTION 64. (As amended by section 22 of chapter 779
of the Acts of 1913.) Inspectors appointed by the state
board of labor and industries, agents of the board of inspection.
education and attendance officers may require that the
employment or educational certificates and lists of chil-
dren who are employed in factories, workshops, manu-
facturing, mechanical or mercantile establishments shall
be produced for their inspection. A failure to produce to Effect of refusal.
any person authorized by this section who requests the
same an employment or educational certificate or list
required by law shall be prima facie evidence of the illegal
employment of any person whose certificate is not pro-
duced or whose name is not so listed. A corporation or Penalty,
other employer, or any agent or officer thereof, who retains
an employment or educational certificate in violation of
the provisions of this act shall be punished by a fine of
not less than ten nor more than one hundred dollars.

PUBLIC INSTRUCTION. [Chap. 514.

courts!011™ °f SECTION 65. Police, district and municipal courts and
1906, 499, § 5. trial justices shall have jurisdiction of offences arising
under the provisions of the four preceding sections. A
summons or warrant issued by any such court or justice
may be served, at the discretion of the court or magistrate,
by an inspector of factories and public buildings, or by a
truant officer, or by any officer qualified to serve criminal
process.

Employment
of minors over
sixteen and
under twenty-
one years of
age.

Educational
certificates,
issue, etc.
Proof of age
required, etc.

Illiterate minors
not to be em-
ployed unless
attending even-
ing school, etc.

EMPLOYMENT OF MINORS BETWEEN SIXTEEN AND TWENTY-
ONE YEARS OF AGE; EVENING SCHOOL ATTENDANCE

REQUIRED.

SECTION 66. (As amended by section 23 of chapter 779,
Acts of 1913.) No child who is over sixteen and under
twenty-one years of age shall be employed in a factory,
workshop, manufacturing, mechanical or mercantile estab-
lishment unless his employer procures and keeps on file an
educational certificate showing the age of the child and
his ability or inability to read and write as hereinafter
provided. Such certificates shall be issued by the person
authorized by this act to issue employment certificates.

The person authorized to issue such educational cer-
tificates shall, so far as is practicable, require the proof of
age stated in section fifty-eight. He shall examine the
child and certify whether or not he possesses the educa-
tional qualifications enumerated in section one of chapter
forty-four of the Revised Laws, as amended. Every such
certificate shall be signed in the presence of the person
issuing the same by the child in whose name it is issued.

Every employer of such children shall keep their educa-
tional certificates accessible to any officer authorized to
enforce the provisions of this act and shall return said
certificates to the office from which they were issued
within two days after the date of the termination of the
employment of said children. If the educational certifi-
cate of any child who is over sixteen and under twenty-
one years of age fails to show that said child possesses
the educational qualifications enumerated in section one
of chapter forty-four of the Revised Laws, as amended,
then no person shall employ such child while a public
evening school is maintained in the city or town in which
the child resides, unless such child is a regular attendant
at such evening school or at a day school, and presents to

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 65

his employer each week a school record of such attendance.
When such record shows unexcused absences, such at-
tendance shall be deemed to be irregular and insufficient.
The person authorized to issue educational certificates, or
teachers acting under his authority, may, however, excuse
justifiable absence. Whoever employs a child in violation Penalties.
of the provisions of this section shall forfeit not more than
one hundred dollars for each offence, to the use of the
evening schools of such city or town. A parent, guardian
or custodian who permits a child to be employed in viola-
tion of the provisions of this section shall forfeit not more
than twenty dollars, to the use of the evening schools of
such city or town.

ATTENDANCE OF ILLITERATE MINORS BETWEEN THE AGES OF
SIXTEEN AND TWENTY-ONE YEARS IN A PUBLIC EVENING SCHOOL.

Chapter 467, Acts of 1913, provides as follows: —

SECTION 1. Every illiterate minor between sixteen and twenty- Attendance of
one years of age shall attend some public evening school in the city
or town in which he resides for the whole time during which the ing school,
public evening schools are in session: provided, that such city or
town maintains a public evening school. Attendance at a public
day school, or at a private school approved for the purpose by the
school committee, shall exempt such minor from attending a public
evening school. This act shall not affect any existing laws regard- -
ing the compulsory school attendance of illiterate minors or their e>
employment, but shall be in addition to such laws.

SECTION 2. An illiterate minor who wilfully violates any provision Penalty upon
of this act shall be punished by a fine of not less than five dollars. mmor-

SECTION 3. Every person having under his control an illiterate Penalty upon
minor between sixteen and twenty-one years of age shall cause

i * j_ j j i 11* • ill i • •«

mm to attend a public evening school as hereby required; and if
such person fails for six sessions within a period of one month to
cause the minor so to attend school, unless the minor's physical or
mental condition is such as to render his attendance at school
harmful or impracticable, such person shall, upon complaint by
a truant officer and conviction thereof, be punished by a fine of
not more than twenty dollars.

SECTION 4. Whoever induces or attempts to induce such Penalty for
minor to absent himself unlawfully from school, or employs such emp^ing
a minor except as is provided by law, or harbors such a minor who, minor, etc.
while school is in session, is absent unlawfully therefrom, shall be
punished by a fine of not more than fifty dollars.

PUBLIC EXHIBITION OF CHILDREN.

SECTION 76. No person shall employ, exhibit or sell, Exhibition of

, • • 1*11 » nn children pro-

apprentice or give away, a child under fifteen years of age Mbited.
for the purpose of employing or exhibiting him in dancing R

66 PUBLIC INSTRUCTION. [Chap. 514.

on the stage, playing on musical instruments, singing,
walking on a wire or rope, or riding or performing as a
gymnast, contortionist or acrobat in a circus, theatrical
exhibition or in any public place, or cause, procure or en-
courage such child to engage therein; but the provisions of
this section shall not prevent the education of children in
vocal and instrumental music or dancing or their employ-
ment as musicians in a church, chapel, school or school
exhibition, or prevent their taking part in any festival,
concert or musical exhibition upon the special written per-
mission of the mayor and aldermen of a city or of the
selectmen of a town. Whoever violates the provisions of
this section shall be punished by a fine of not more than
two hundred dollars or by imprisonment for not more
than six months.

rLeSeSfor° ** SECTION 77. A license shall not be granted for a theat-
whencsh°ws' rical exhibition or public show in which children under
R. L. ice, § 46. fifteen years of age are employed as acrobats or contortion-
ists or in any feats of gymnastics or equestrianism, or in
which such children who belong to the public schools are
employed or allowed to take part as performers on the
stage in any capacity, or if, in the opinion of the board
authorized to grant licenses, such children are employed
in such a manner as to corrupt their morals or impair their
health; but the provisions of this section shall not prevent
the granting of special permission authorized by the pre-
ceding section.

CHAPTER 831, ACTS OF 1913.

In addition to amending (by section 1) section 56 of chapter 514
(as amended), Acts of 1909, this chapter further provides as fol-
lows: —

MINORS UNDER SIXTEEN.

which enTk)"1 SECTION 2. No minor under sixteen years of age shall be em-
ment of 'nunore ployed 05 permitted to work in operating or assisting in operating
fOTb?ddenteen " an^ °^ ^ne f°U°wing machines: (1) circular or band saws, (2) wood
shapers, (3) wood jointers, (4) planers, (5) picker machines or
machines used in picking wool, cotton, hair or any other material,
(6) paperlace machines, (7) leather burnishing machines, (8) job
or cylinder printing presses operated by power other than foot
power, (9) stamping machines used in sheet metal and tinware or
in paper or leather manufacturing or in washer and nut factories,
(10) metal or paper cutting machines, (11) corner staying machines
in paper box factories, (12) corrugating rolls such as are used in
corrugated paper or in roofing, or washboard factories, (13) steam

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 67

boilers, (14) dough brakes or cracker machinery of any description,
(L5) wire or iron straightening or drawing machinery, (16) rolling
mill machinery, (17) power punches or shears, 18) washing or
grinding or mixing machinery, (19) calender rolls in paper and
rubber manufacturing or other heavy rolls driven by power, (20)
laundering machinery, (21) upon or in connection with any dangerous
electrical machinery or appliances.

SECTION 3. No minor under sixteen years of age shall be em- Same subject,
ployed or permitted to work in any capacity in adjusting, or assist-
ing in adjusting any hazardous belt to any machinery, or in oiling
or cleaning hazardous machinery, or in proximity to any hazardous
or unguarded belts, machinery or gearing while such machinery
or gearing is in motion; nor on scaffolding; nor in heavy work in
the building trades; nor in stripping, assorting, manufacturing or
packing tobacco; nor in any tunnel; nor in a public bowling alley;
nor in a pool or billiard room.

SECTION 4. The state board of labor and industries may from Duties of state
time to time, after a hearing or hearings duly held, determine
whether or not any particular trade, process of manufacture or
occupation in which the employment of minors under the age of
sixteen years is not already forbidden by law, or any particular
method of carrying on such trade, process of manufacture or occu-

Eation, is sufficiently dangerous or is sufficiently injurious to the
ealth or morals of minors under sixteen years of age to justify
their exclusion therefrom. No minor under sixteen years of age
shall be employed or permitted to work in any trade, process or
occupation thus determined to be dangerous or injurious to such
minors.

MINORS UNDER EIGHTEEN.

SECTION 5. No minor under eighteen years of age shall be em- Occupations in
ployed or permitted to work: (1) in or about blast furnaces; (2) payment of™"
in the operation or management of hoisting machines ; (3) in oiling minors under
or cleaning hazardous machinery in motion; (4) in the operation SSufeJ!1"
or use of any polishing or buffing wheel; (5) at switch tending;
(6) at gate tending; (7) at track repairing; (8) as a brakeman,
fireman, engineer, motorman or conductor upon a railroad or rail-
way; (9) as a fireman or engineer upon any boat or vessel; (10) in
operating motor vehicles of any description; (11) in or about
establishments wherein gunpowder, nitro-glycerine, dynamite or
other high or dangerous explosive is manufactured or compounded;
(12) in the manufacture of white or yellow phosphorus or phosphorus
matches; (13) in any distillery, brewery, or any other establishment
where malt or alcoholic liquors are manufactured, packed, wrapped
or bottled; (14) in that part of any hotel, theatre, concert hall,
place of amusement or other establishment where intoxicating
liquors are sold. The provisions of this section shall not prohibit Not to prohibit
the employment of minors in drug stores. dw£S? in

SECTION 6. The state board of labor and industries may from Duties of state
time to time, after a hearing or hearings duly held, determine board of labor
whether or not any particular trade, process of manufacture or industries,
occupation, in which the employment of minors under the age of
eighteen years is not already forbidden by law, or any particular
method of carrying on such trade, process of manufacture or occu-

PUBLIC INSTRUCTION. [Chap. 514.

sixen

pation, is sufficiently dangerous or is sufficiently injurious to the
health or morals of minors under eighteen years of age to justify
their exclusion therefrom. No minor under eighteen years of age
shall be employed or permitted to work in any trade, process or
occupation thus determined to be dangerous or injurious to such
minors.

PERSONS UNDER TWENTY-ONE.

SECTION 7. No person under twenty-one years of age shall be
twenty-one. employed or permitted to work in, about or in connection with
any saloon or bar room where alcoholic liquors are sold. No such
person in any employment shall knowingly be taken, sent or caused
or permitted to be sent, to any disorderly house or house of prosti-
tution or assignation or other immoral place of resort or amusement.
SECTION 8. No minor under sixteen years of age shall be em-
ployed or permitted to work in, about or in connection with any
establishment or occupation named in section one for more than
six days in any one week, nor more than forty-eight hours in any
one week, nor more than eight hours in any one day, nor before the
hour of half-past six o'clock in the morning, nor after the hour of
six o'clock in the evening of any day.

SECTION 9. No boy under the age of eighteen years and no
girl under the age of twenty-one years shall be employed or permitted
to work in, about or in connection with any establishment or occu-
pation named in section one for more than six days in any one
week, nor more than fifty-four hours in any one week, nor more
than ten hours in any one day, nor before the hour of five o'clock
in the morning, nor after the hour of ten o'clock in the evening,
nor in the manufacture of textile goods after the hour of six o'clock
in the evening.

s SECTION 10. Except for the delivery of messages directly

twent-one connected with the business of conducting or publishing a news-
messengers, etc. paper, to a newspaper office or directly between newspaper offices,
no person under the age of twenty-one years shall be employed or
permitted to work as messenger for a telegraph, telephone or
messenger company in the distribution, transmission or delivery
of goods or messages before five o'clock in the morning or after ten
o'clock in the evening of any day.

— of minors in
trade? st

Requirements
°'

STREET TRADES.

SECTION 11. No boy under twelve years of age and no girl under
eighteen years of age shall, in any city having a population of over
fifty thousand inhabitants, sell, expose or offer for sale any news-
papers, magazines, periodicals, or any other articles of merchandise
of any description, or exercise the trade of bootblack or scavenger,
or any other trade, in any street or public place.
^ SECTION 12. No boy under sixteen years of age shall, in any
pty having a population of over fifty thousand inhabitants, engage
in any of the trades or occupations mentioned in the preceding
section, unless he complies with all of the provisions of this act and
with all of the legal requirements concerning school attendance,
and unless a badge as hereinafter provided shall have been issued
to him by the officer authorized to issue employment certificates in
the city or town where such boy resides.

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 69

SECTION 13. Such badge shall not be issued until the officer issue of badges,
issuing the same shall have received, examined, approved and filed et
evidence that such boy is twelve years of age or upwards, which
shall consist of the proof of age required for the issuing of an em-
ployment certificate. Such officer may refuse to issue such badge
to any boy who, in his opinion after due investigation, is found to
be physically or mentally incompetent or unable to do such work
in addition to the regular school attendance required by law.

SECTION 14. The badge herein required shall be worn, con- Badges not
spicuously exposed at all times, by such boy while so working, ^c!18
No boy to whom the said badge has been issued shall transfer the
same to any other boy. He shall exhibit the same upon demand
at any time to any officer charged with the duty of enforcing the
provisions of this act which relate to street trades. The school
committee of any city may make further regulations and require-
ments for the issuance of the badge required by this act.

SECTION 15. No boy under sixteen years of age shall engage Hours of
in any of the trades or occupations mentioned in section eleven in employment,
any street or public place after nine o'clock in the evening or before
five o'clock in the morning of any day, nor, unless provided with
an employment certificate, during the hours when the public schools
in the city where such boy resides, or the schools which such boy
attends, are in session.

ENFORCEMENT.

SECTION 16. Except as provided in section seventeen, every —to be posted,
person employing any minor in any establishment mentioned in e Ct
this act shall post and keep posted in a conspicuous place in the
room where such minor is employed or permitted to work a printed
notice stating the number of hours such minor is required or per-
mitted to work on each day of the week, with the total for the
week, the hours of commencing and stopping work and the hours
when the time allowed for meals begins and ends for each day of
the week.

The employment of any minor at any time other than as stated
in said printed notice shall be deemed a violation of the provisions
of this section. The terms of such notice for any week or part
thereof shall not be changed after the beginning of labor on the
first day of the week, without the written consent of the com-
missioner of labor.

SECTION 17. Every employer who employs any minor subject List of minor
to the provisions of this act and who is engaged in furnishing public ^
service shall post in a conspicuous place in every room in which file, etc.
such persons are employed a printed notice stating separately the
hours of employment for each shift or tour of duty and the time
allowed for meals.

A list by name of minor employees, stating in which shift each is
employed, shall be kept on file at each place of employment for
inspection by employees and officers charged with the enforcement
of the law.

The provisions of this act, so far as they relate to hours of em- Certain pro-
ployment of minors of eighteen years or over, shall not apply to appTy^in cas'es
such employers in cases of extraordinary emergency or extraordinary of extraordinary
public requirement, but in such cases no employment contrary to emergency, etc.

PUBLIC INSTRUCTION. [Chap. 514.

Printed forms
of laws to be
furnished, etc.

Duties of in-
spectors, etc.

the provisions of this act shall be considered as legalized until a
written report of the day and hour of its occurrence and its duration
is sent to the commissioner of labor.

SECTION 18. The state board of labor and industries, after
approval by the attorney-general, shall furnish the printed forms
of the laws and notices required by this act, upon application, to
all persons required to post the same.

The inspectors of the state board of labor and industries shall
visit and inspect the places of employment mentioned in this act
and shall ascertain whether any minors are employed therein
contrary to the provisions of this act, and shall prosecute violations
thereof. They shall report to the school authorities any cases of
children under sixteen years of age discharged for illegal employ-
ment. Any person shall have the right to prosecute violations of
this act.

Enforcement of SECTION 19. The provisions of this act relating to minors
Jet™ engaged in the occupations mentioned in section eleven shall be

enforced by the truant officers and school attendance officers, who
are hereby vested with full police power for the purpose, and by
police officers. The school committee of each city may appoint
or designate one or more special truant or attendance officers to
have supervision over minors engaged in such occupations and
over the enforcement of the said provisions.

Penalties for
unlawful em-
ployment of
minors.

— for hindering
inspectors, etc.

Penalty for
furnishing
articles for un-
lawful sale by
minors, etc.

PENALTIES.

SECTION 20. Any person who, whether by himself or for others,
or through agents, servants or foremen employs, induces or permits
any minor to work contrary to any of the provisions of this act,
shall be deemed guilty of a misdemeanor, and shall, for a first
offence, be punished by a fine of not less than ten dollars nor more
than fifty dollars, or by imprisonment for not more than thirty
days, or by both such fine and imprisonment; and for a second or
subsequent offence, by a fine of not less than fifty dollars nor more
than two hundred dollars or by imprisonment for not more than
sixty days, or by both such fine and imprisonment.

The employment of any minor in violation of any provision of
this act after the person employing such minor has been notified
thereof in writing by any authorized inspector, school attendance
officer or truant officer, shall constitute a separate offence for every
day during which the employment continues.

SECTION 21. Any person who hinders or delays any authorized
inspector, school attendance officer, or truant officer in the perform-
ance of his duties, or who refuses to admit to or locks out any such
inspector or officer from any place which such inspector or officer is
authorized to inspect, or who refuses to give to such inspector or
officer such information as may be required for the proper enforce-
ment of this act, shall be deemed guilty of a misdemeanor, and
shall be punished by a fine of not less than twenty-five dollars nor
more than two hundred dollars, or by imprisonment for not more
than sixty days, or by both such fine and imprisonment.

SECTION 22. Any person who furnishes or sells to any minor
any article of any description with the knowledge that the minor
intends to sell such articles in violation of any provision of this act,

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 71

or after having received written notice to this effect from any officer
charged with the enforcement of any provision of this act, or any
person who knowingly procures or encourages any minor to violate
any of the provisions of this act, shall be deemed guilty of a mis-
demeanor, and shall be punished by a fine of not less than ten
dollars nor more than two hundred dollars, or by imprisonment
for not more than sixty days, or by both such fine and imprison-
ment.

SECTION 23. Any parent, guardian or custodian having a minor Penalties
under his control, who compels or permits such minor to work in
violation of any provision of this act, or who knowingly certifies to
any materially false statement for the purpose of obtaining the
illegal employment of such minor, shall be deemed guilty of a
misdemeanor, and, upon conviction, shall for the first offence be
punished by a fine of not less than two dollars nor more than ten
dollars, or by imprisonment for not more than five days, or by both
such fine and imprisonment ; and for a second or subsequent offence
he shall be punished by a fine of not less than five dollars nor more
than twenty-five dollars, or by imprisonment for not more than ten
days, or by both such fine and imprisonment.

SECTION 24. Any inspector, school attendance officer, truant Penalty upon
officer, superintendent of schools or other person authorized to issue C€
the badges required by this act, or any other person charged with
the enforcement of any of the provisions of this act, who knowingly
violates or fails to comply with any of the provisions of this act shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine of not less than ten dollars nor more than two
hundred dollars or by imprisonment for not more than sixty days,
or by both such fine and imprisonment.

SECTION 25. Any minor who shall engage in any of the trades —
or occupations mentioned in section eleven in violation of any
provision of this act shall, for the first offence, be warned by the
officers whose duty it is to enforce the provisions of this act relating
to street trades, and the parent, guardian or custodian shall be
notified. In case of a second violation, such minor may be arrested
and dealt with as a delinquent child, or, if over seventeen years of
age, shall be punished by a fine not exceeding fifteen dollars upon
the recommendation of the principal or chief executive officer of
the school which such minor is attending, or upon the complaint
of any school attendance officer, truant officer, police officer or
probation officer, the badge of any minor who violates any provision
of this act, or who becomes delinquent or fails to comply with all
legal requirements concerning school attendance, may be revoked
by the officer issuing the same for a period of three months and
the badge taken from such minor. The refusal of any minor to
surrender such badge, or the working at any of the occupations
mentioned in section eleven by any minor after notice of the rev-
ocation of such badge, shall be deemed a violation of this act.

SECTION 26. Police, district and municipal courts and trial P°jjjf havi
justices and the Boston juvenile court as to minors under seventeen Jun
years of age shall have jurisdiction of offences arising under this
act. A summons or warrant issued by any such court or justice
may be served at the direction of the court or magistrate by an

PUBLIC INSTRUCTION. [Chap. 514.

Act con-
strued.

Repeal.

Time of taking
effect.

inspector of the state board of labor and industries or by a truant
officer or school attendance officer, or by any officer qualified to
serve criminal process.

MISCELLANEOUS.

SECTION 27. Nothing in this act shall be construed to apply to
the juvenile reformatories, other than the Massachusetts reforma-
tory, or to prevent minors of any age from receiving manual training
or industrial education in or in connection with any school in this
commonwealth which has duly been approved by the school com-
mittee or by the board of education.

SECTION 28. All acts and parts of acts inconsistent with the
provisions of this act are hereby repealed.

SECTION 29. This act shall take effect on the first day of Sep-
tember, nineteen hundred and thirteen.

Search to be
made by cities
and towns for
indigent and
neglected
children.

Temporary care
to be provided.

Payment of
expenses.

ADDITIONAL DUTIES OP TRUANT OFFICERS RELATIVE TO CARE OF
INDIGENT AND NEGLECTED CHILDREN.

Chapter 356, Acts of 1904, provides as follows: —

SECTION 1. It shall be the duty of truant officers1 in cities and
of the overseers of the poor in towns, as often as may be deemed
necessary by them, to make diligent search throughout their re-
spective cities and towns for chilcLren under the age of sixteen who
are suffering want through poverty, privation or from the neglect
of their parents or guardians, or of any other persons having them
in charge or from any cause whatsoever.

SECTION 2. Where such children are found without parents or
guardians or in charge of such parents or guardians as in the judg-
ment of the officers or overseers aforesaid are unfit to care for
children by reason of mental incapacity, dissolute habits or poverty,
it shall be the duty of the officers and overseers aforesaid to provide
for the temporary care of such children until proceedings may be
had against them if necessary, according to the provisions of chapter
three hundred and thirty-four of the acts of the year nineteen
hundred and three.

SECTION 3. Reasonable expenses incurred by the officers and
overseers aforesaid in furnishing aid as provided by this act shall be
paid by the city or town wherein the persons have legal settlements,
and, if they are without settlement, by the commonwealth, after
approval by the state board of charity; and notice in writing shall
be sent to the place of settlement or, if such persons are unsettled,
to the state board of charity as is otherwise provided by law.

SECTION 4. This act shall take effect upon its passage.

Regulation k>f
Bales by minors.
1846, 244, § 2.

LICENSING OF MINORS, BY SCHOOL COMMITTEES, TO ENGAGE IN
CERTAIN OCCUPATIONS IN CITIES.

Section 17, chapter 65, Revised Laws, as amended by chapter
531, Acts of 1902, and chapter 151, Acts of 1906, and chapter 419,
Acts of 1910, provides as follows: —

The mayor and aldermen or selectmen may make regulations
relative to the exercise of the trade of bootblacking by minors and

1 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet.

Chap. 514.] EMPLOYMENT OF WOMEN, ETC. 73

to the sale by minors of any goods, wares or merchandise the sale G. s. 50, § 14.
of which is permitted by section fifteen, and may prohibit such ifcf'ft/2'
sales or such trade, or may require a minor to obtain from them a
license therefor to be issued on terms and conditions prescribed in
such regulations: provided, that in the case of persons under the
age of fourteen years in the cities of the commonwealth the fore-
going powers shall be vested in and exercised by the school com-
mittees of said cities. A minor who sells such articles or exercises
such trade without a license if one is required or who violates the
conditions of his license or any of the provisions of said regulations
shall be punished by a fine of not more than ten dollars for each
offence. Any person who, having a minor under his control,
knowingly permits him to violate the provisions of this act, and
any person who procures or employs a minor to violate the pro-
visions of this act, and any person who either for himself or as
agent of any other person or of any corporation knowingly furnishes
or sells to any minor any of the articles above referred to with
knowledge that said minor intends to sell said articles in violation
of the provisions of this act, and after having received written
notice from the school committee that the minor is unlicensed, shall
be punished by a fine of not more than two hundred dollars or by
imprisonment for not more than six months. Truant1 and police
officers shall enforce the provisions of this chapter.

ADMISSION OF CHILDREN UNDER FOURTEEN YEARS OF AGE TO
PLACES OF AMUSEMENT.

Section 184, chapter 102, Revised Laws, as amended by chapter
107, Acts of 1906, and chapter 355, Acts of 1907, and chapter 532,
Acts of 1910, provides as follows: —

\Vhoever, himself or by his servant or agent, admits a child under Admission of
the age of fourteen years to any licensed show or place of amuse- p^J^*0
ment unless such child is accompanied by a person above the age of amusement
twenty-one years, shall, on complaint of a parent or guardian of
the child or of any police officer or of a truant officer l of the city or
town in which the child is so admitted, be punished by a fine of
not more than one hundred dollars; but he shall not be liable to
said fine if a child apparently fourteen years of age has obtained
admission by any written misrepresentation or by any unauthorized
entrance to said place of amusement, or has entered with and
apparently in the company of a person above the age of twenty-
one years but does not remain with such person, provided the
person in charge of said place of amusement shall remove such
child immediately from said place of •amusement upon knowledge
of the fact that the child is under fourteen years of age and not
then accompanied by a person above the age of twenty-one years.
The provisions of this section shall not apply to shows or enter-
tainments which take place before six o'clock in the afternoon and
during the hours that the school of which the child attending such
show or entertainment is a pupil is not in session. It shall be prima
facie evidence that such school is in session if the public schools
are in session in the city or town in which said show or entertain-
ment shall take place.

1 See section 13, chapter 779, Acts of 1913, page 53 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 505.

STATE-AIDED VOCATIONAL EDUCATION.

[Chapter 505, Acts of 1906.]

Sections 1 to 6 repealed by chapter 1ft I, Acts of 1911.

MASSACHUSETTS AGRICULTURAL COLLEGE MAY ESTABLISH
NORMAL DEPARTMENT.

Massachusetts SECTION 7. The trustees of the Massachusetts Agri-
coTiege may es- cultural College are hereby authorized to establish a nor-
mentsshfojegpiying mal department for the purpose of giving instruction in
. the elements of agriculture to persons desiring to teach
such elements in the public schools, as provided in sections
three and four: provided, that the cost of such department
shall not exceed the sum of five thousand dollars in any
one year, and that at least fifteen candidates present them-
selves for such instruction.

Proviso.

REPEAL.

Repeal. SECTION 8. Section ten of chapter forty-two of the

Revised Laws, and all acts and parts of acts inconsistent
with this act, are hereby repealed.

[Chapter 471, Acts of 1911.]

AN ACT TO CODIFY AND AMEND THE LAWS RELATING TO
STATE-AIDED VOCATIONAL EDUCATION.

CONSTRUCTION.

Certain words SECTION 1. The following words and phrases as used

and phrases . in i i • ™> • • 1*1

denned. m this act shall, unless a different meaning is plainly

required by the context, have the following meanings: —

1. "Vocational education" shall mean any education
the controlling purpose of which is to fit for profitable
employment.

2. "Industrial education" shall mean that form of
vocational education which fits for the trades, crafts and
manufacturing pursuits, including the occupations of girls
and women, carried on in workshops.

3. "Agricultural education" shall mean that form of
vocational education which fits for the occupations con-
nected with the tillage of the soil, the care of domestic
animals, forestry and other wage-earning or productive
work on the farm.

Chap. 471.] VOCATIONAL EDUCATION. 75

4. "Household arts education" shall mean that form
of vocational education which fits for occupations con-
nected with the household.

5. "Independent industrial, agricultural or household
arts school" shall mean an organization of courses, pupils
and teachers, under a distinctive management, approved
by the board of education, designed to give either indus-
trial, agricultural or household arts education as herein
defined.

6. "Evening class" in an industrial, agricultural or
household arts school shall mean a class giving such train-
ing as can be taken by persons already employed during
the working day, and which, in order to be called voca-
tional, must in its instruction deal with the subject-
matter of the day employment, and be so carried on as to
relate to the day employment.

7. "Part-time, or continuation, class" in an industrial,
agricultural or household arts school shall mean a voca-
tional class for persons giving a part of their working time
to profitable employment, and receiving in the part-time
school, instruction complementary to the practical work
carried on in such employment. To give "a part of their
working time" such persons must give a part of each
day, week or longer period to such part-time class during
the period in which it is in session.

8. "Independent agricultural school" shall mean either
an organization of courses, pupils and teachers, under a
distinctive management designed to give agricultural
education, as hereinafter provided for, or a separate agri-
cultural department, offering in a high school, as elective
work, training in the principles and practice of agriculture
to an extent and of a character approved by the board of
education as vocational.

9. "Independent household arts school" shall mean a
vocational school designed to develop on a vocational basis
the capacity for household work such as. cooking, house-
hold service and other occupations in the household.

STATE ADMINISTRATION AND SUPERVISION.

SECTION 2. The board of education is hereby author- vocatwnai
ized and directed to investigate and to aid in the intro- e<
duction of industrial, agricultural and household arts
education; to initiate and superintend the establishment

PUBLIC INSTRUCTION. [Chap. 471.

and maintenance of schools for the aforesaid forms of
education; and to supervise and approve such schools, as
hereinafter provided. The board of education shall make
a report annually to the general court, describing the con-
dition and progress of industrial, agricultural and house-
hold arts education during the year, and making such
recommendations as the board may deem advisable.

Types of
schools.

TYPES OF SCHOOLS.

SECTION 3. In order that instruction in the principles
and the practice of the arts may go on together, inde-
pendent industrial, agricultural and household arts schools
may offer instruction in day, part-time and evening
classes. Attendance upon such day or part-time classes
shall be restricted to those over fourteen and under
twenty-five years of age; and upon such evening classes,
to those over seventeen years of age.

Establishment
of industrial
schools.

Districts to be
established.

LOCAL ADMINISTRATION AND CONTROL.

SECTION 4. Any city or town may, through its school
committee or through a board of trustees elected by the
city or town to serve for a period of not more than five
years and to be known as the local board of trustees for
vocational education, establish and maintain independent
industrial, agricultural and household arts schools.

SECTION 5. 1. Districts composed of cities or towns,
or of cities and towns, may, through a board of trustees to
be known as the district board of trustees for vocational
education, establish and maintain independent industrial
agricultural or household arts schools. Such district
board of trustees may consist of the chairman and two
other members of the school committee of each of such
cities and towns, to be appointed for the purpose by each
of the respective school committees thereof; or any such
city or town may elect three residents thereof to serve
as its representatives on such district board of trustees.

2. Such a district board of trustees for vocational educa-
tion may adopt for a period of one year or more a plan
of organization, administration and support for the said
schools, and the plan, if approved by the board of edu-
cation, shall constitute a binding contract between the
cities or towns which are, through the action of their re-
spective representatives on the district board of trustees,

Chap. 471.] VOCATIONAL EDUCATION. 77

made parties thereto, and shall not be altered or annulled
except by vote of two thirds of the board, and the consent
of the board of education to such alteration or annulment.

SECTION 6. Local and district boards of trustees for Adv^ry
vocational education, administering approved industrial, cc
agricultural or household arts schools, shall, under a
scheme to be approved by the board of education, appoint
an advisory committee composed of members representing
local trades, industries and occupations. It shall be the
duty of the advisory committee to counsel with and advise
the local or district board of trustees and other school
officials having the management and supervision of such
schools.

NON-RESIDENT PUPILS.

SECTION 7. 1. Any resident of any city or town in Non-resident
Massachusetts which does not maintain an approved inde- puplls>
pendent industrial, agricultural or household arts school,
offering the type of training which he desires, may make
application for admission to such a school maintained by
another city or town. The board of education, whose de-
cision shall be final, may approve or disapprove such appli-
cation. In making such a decision the board of education
shall take into consideration the opportunities for free
vocational training in the community in which the appli-
cant resides; the financial status of the community; the
age, sex, preparation, aptitude and previous record of the
applicant; and all other relevant circumstances.

2. The city or town in which the person resides, who Tuition fees,
has been admitted as above provided, to an approved inde- et
pendent industrial, agricultural or household arts school
maintained by another city or town, shall pay such tuition
fee as may be fixed by the board of education; and the
commonwealth shall reimburse such city or town, as pro-
vided for in this act. If any city or town neglects or
refuses to pay for such tuition, it shall be liable therefor
in an action of contract to the city or town, or cities and
towns, maintaining the school which the pupil, with the
approval of the said board, attended.

REIMBURSEMENT.

SECTION 8. Independent industrial, agricultural and
household arts schools shall, so long as they are approved
by the board of education as to organization, control, loca-

PUBLIC INSTRUCTION. [Chap. 471.

Payments to
be made annu-
ally from the
state treasury,
etc.

Cities and
towns to be
reimbursed.

Proviso.

One half the
sum expended
by cities and
towns to be
reimbursed.

Statement to be
made to the
general court.

tion, equipment, courses of study, qualifications of teach-
ers, methods of instruction, conditions of admission, em-
ployment of pupils and expenditures of money, constitute
approved local or district independent vocational schools.
Cities and towns maintaining such approved local or dis-
trict independent vocational schools shall receive reim-
bursement as provided in sections nine and ten of this act.
SECTION 9. 1. The commonwealth, in order to aid in
the maintenance of approved local or district independent
industrial and household arts schools and of independent
agricultural schools consisting of other than agricultural
departments in high schools, shall, as provided in this
act, pay annually from the treasury to cities and towns
maintaining such schools an amount equal to one half the
sum to be known as the net maintenance sum. Such net
maintenance sum shall consist of the total sum raised by
local taxation and expended for the maintenance of such
a school, less the amount, for the same period, of tuition
claims, paid or unpaid, and receipts from the work of
pupils or the sale of products.

2. Cities and towns maintaining approved local or dis-
trict independent agricultural schools consisting only of
agricultural departments in high schools shall be reim-
bursed by the commonwealth, as provided in this act, only
to the extent of two thirds of the salary paid to the in-
structors in such agricultural departments: provided, that
the total amount of money expended by the common-
wealth in the reimbursement of such cities and towns for
the salaries of such instructors for any given year shall not
exceed ten thousand dollars.

3. Cities and towns that have paid claims for tuition in
approved local or district independent vocational schools
.shall be reimbursed by the commonwealth, as provided in
this act, to the extent of one half the sums expended by
such cities and towns in payment of such claims.

SECTION 10. On or before the first Wednesday of
January of each year the board of education shall present
to the general court a statement of the amount expended
previous to the preceding first day of December by cities
and towns in the maintenance of approved local or dis-
trict independent vocational schools, or in payment of
claims for tuition in such schools, for which such cities
and towns should receive reimbursement, as provided in

Chap. 471.1 VOCATIONAL EDUCATION. 79

this act. On the basis of such a statement the general
court may make an appropriation for the reimbursement
of such cities and towns up to such first day of December.

ACTS AND PARTS OF ACTS REPEALED.

SECTION 11. 1. Sections one to six, inclusive, of RePeal-
chapter five hundred and five of the acts of the year nine-
teen hundred and six, sections one to four, inclusive, of
chapter five hundred and seventy-two of the acts of the
year nineteen hundred and eight, chapter five hundred
and forty of the acts of the year nineteen hundred and
nine, and all acts and parts of acts inconsistent herewith
are hereby repealed.

2. Schools heretofore established under the acts and
parts of acts repealed by this section, and approved by operation
the board of education, shall continue in operation sub-
ject to the provisions of this act for such schools.

Transportation by Street and Elevated Railway Companies of Pupils

of Industrial Schools.

NOTE. — See chapter 530, Acts of 1908, as amended by chapter Transportation
567, Acts of 1910, page 24 of this pamphlet.

ESTABLISHMENT AND MAINTENANCE or EVENING CLASSES
IN THE PRACTICAL ARTS FOR WOMEN.

Chapter 106, Acts of 1912, provides as follows: —

Any city or town may, through its school committee, or Evening classes
other board of trustees for vocational education, establish Suction for
and maintain separate evening classes in household and w
other practical arts. Such classes shall be known as
practical art classes, shall be open to all women over
seventeen years of age who are employed in any capacity
during the day, and may be established and maintained as
approved state-aided practical art classes under the pro-
visions of, and subject to all the conditions, not incon-
sistent with this act, of chapter four hundred and seventy-
one of the acts of the year nineteen hundred and eleven.

TRAINING OF TEACHERS FOR STATE-AIDED VOCATIONAL

AND CONTINUATION SCHOOLS.
Chapter 174, Acts of 1914, provides as follows: —
Any city, town, or district composed of cities and towns classes may be

may, with the approval of the board of education, through

PUBLIC INSTRUCTION. [Chap. 805.

schooia°etc

its school committee or other board of trustees for voca-
tional education, establish classes for the training of
teachers for continuation and vocational schools estab-
lished and maintained under the provisions of chapter four
hundred and seventy-one of the acts of the year nineteen
hundred and eleven, or chapter one hundred and six of
the acts of the year nineteen hundred and twelve, and of
chapter eight hundred and five of the acts of the year
nineteen hundred and thirteen. Such classes shall be
maintained under the provisions of, and subject to all the
conditions, not inconsistent with this act, of chapter four
hundred and seventy-one of the acts of the year nineteen
hundred and eleven.

Establishment
of classes for

schools,
etc., author-

Attendance of
certain minors
at continuation
schools and
courses of
instruction.

Bo ARD OF EDUCATION AUTHORIZED TO MAINTAIN CLASSES
FOR THE TRAINING OF TEACHERS FOR STATE-AIDED
VOCATIONAL AND CONTINUATION SCHOOLS.
Chapter 391, Acts of 1914, provides as follows :-
The board of education is hereby authorized to establish
and maintain classes for the purpose of training teachers
for vocational and continuation schools, established under
the provisions of chapter four hundred and seventy-one
of the acts of the year nineteen hundred and eleven,
chapter one hundred and six of the acts of the year nine-
teen hundred and twelve and chapter eight hundred and
five of the acts of the year nineteen hundred and thirteen.

CHAPTER 805, ACTS OF 1913.

ESTABLISHMENT AND MAINTENANCE OF CONTINUATION
SCHOOLS AND COURSES OF INSTRUCTION FOR WORKING
CHILDREN.

SECTION 1. When the school committee of any city
or town shall have established continuation schools or
courses of instruction for the education of minors between
fourteen and sixteen years of age who are regularly em-
ployed in such city or town not less than six hours per
day, such school committee may, with the consent of the
board of education, require the attendance in such con-
tinuation schools or on such courses of instruction of
every such minor thereafter receiving an employment cer-
tificate and who is not otherwise receiving instruction
approved by the school committee as equivalent to that
provided in schools established under the provisions of this

Chap. 805.] VOCATIONAL EDUCATION. 81

act. The required attendance provided for in this act shall
be at the rate of not less than four hours per week and
shall be between the hours of eight o'clock in the morning
and six o'clock in the afternoon of any working day or
days. The time spent by a child in a continuation school
or class shall be reckoned as a part of the time or number
of hours that minors are permitted by law to work.

SECTION 2. Continuation schools or courses of instruc- £pp™yend con-
tion as provided in section one of this act, shall, so long sch^ois?etc.
as they are approved by the board of education as to
organization, control, location, equipment, courses of
study, qualifications of teachers, methods of instruction,
conditions of admission, employment of pupils and expen-
diture of the money, constitute approved continuation
schools or courses of instruction. Cities and towns main-
taining such approved continuation schools or courses of
instruction shall receive reimbursement from the common-
wealth, as provided in section three of this act.

SECTION 3. The commonwealth, in order to aid in the Maintenance,
maintenance of approved continuation schools or courses, e
shall as provided in this act pay annually from the treas-
ury to cities and towns maintaining such schools or courses
an amount equal to one half of the sum to be known as
the net maintenance sum. Such net maintenance sum shall
consist of the total sum raised by local taxation and ex-
pended for the maintenance of such a school, less the
amount, for the same period, of tuition claims paid or
unpaid and receipts from the work of pupils or the sale of
products.

SECTION 4. When the school committee of anv city Attendance of

.... -I i • 1 i • • i^i resident minors

or town shall have established a continuation school or employed in

a • .. . , , . . <» -I • another city or

courses of instruction as provided in section one ot this town,
act, the said school committee may require the attendance,
as provided in section one of this act, in such continuation
school or on such courses of instruction of all minors
between fourteen and sixteen years of age residing in said
city or town who are regularly employed in another city
or town: provided, that the city or town in which such Proviso.
minors are employed does not maintain and require at-
tendance at a continuation school or courses of instruction
as defined in section one of this act.

SECTION 5. Any minor between fourteen and sixteen Same subject,
years of age who is regularly employed in a city or town

PUBLIC INSTRUCTION. [Chap. 805.

Report of
attendance to
be filed, etc.

Proviso.

Employment
of minor shall
cease in case of
non-attend-
ance, etc.

Penalty.

Certificates
may be re-
voked for non-
attendance.

Time of taking
effect.

other than that in which the said minor resides may attend
a continuation school or courses of instruction, as provided
in section one of this act, in the city or town in which such
minor resides. Any minor attending a continuation school
or courses of instruction, as hereinbefore described, in the
city or town of his residence in preference to attending
such school or courses of instruction in the city or town
of his employment, shall file or cause to be filed regularly,
at least once a month, with the superintendent, or his
representative duly authorized in writing, of the city or
town in which such minor is employed, a report of at-
tendance certified by the superintendent, or his representa-
tive duly authorized in writing, of the city or town in
which such minor is attending school: provided, however,
that the filing of such certified report of attendance with
the superintendent of a city or town in which attendance
at continuation schools or courses of instruction as defined
in section one of this act is not compulsory shall not be
required.

SECTION 6. The employer of any minor between four-
teen and sixteen years of age who is compelled by the
provisions and regulations either of the school committee
in the city or town in which such minor resides or of the
school committee in the city or town in which such minor
is employed to attend a continuation school or courses
of instruction as defined in section one of this act, shall
cease forthwith to employ such minor when notified in
writing by the superintendent or his representative duly
authorized in writing, having jurisdiction over such minor's
school attendance, that such minor is not attending school
in accordance with the compulsory attendance regulations
as defined in section one of this act. Any employer who
fails to comply with the provisions of this section shall be
punished by a fine of not less than ten nor more than one
hundred dollars for each offence.

SECTION 7. The superintendent of schools having
jurisdiction, or a person authorized by him in writing, may
revoke the age and schooling or employment certificate of
any minor who is required by the provisions of this act
to attend a continuation school or courses, if such minor
fails to attend such school or courses as provided by this act.

SECTION 8. This act shall take effect on the first day
of September, nineteen hundred and thirteen.

Chap. 566.] AGRICULTURAL EDUCATION. 83

AGRICULTURAL EDUCATION.
INDEPENDENT AGRICULTURAL SCHOOL IN BRISTOL COUNTY.

[Chapter 566, Acts of 1912.]

Ax ACT TO PROVIDE FOR AN INDEPENDENT AGRICULTURAL
SCHOOL IN THE COUNTY OF BRISTOL.

ORGANIZATION AND CONTROL.

SECTION 1.- At the next state election there shall be independent
placed upon the official ballots for the county of Bristol sJhoofinThe
the following question : — " Shall the county of Bristol Soletc.
establish an independent agricultural school?" If a ma-
jority of the voters voting thereon vote in the affirmative,
the governor, with the advice and consent of the council,
shall appoint four persons, one for the term of one year,
one for the term of two years, one for the term of three
years and one for the term of four years, and thereafter
annually one for the term of four years, residents of the
county, who, together with the county commissioners for
the county, shall be known as the Trustees of the Inde-
pendent Agricultural School of Bristol County. Said
trustees shall serve without compensation but shall be
reimbursed for their necessary expenses, the same to be
charged and paid on account of maintenance, as herein-
after provided.

SECTION 2. The said trustees are hereby authorized to Location of
determine the location of the said school, subject to the sc ool> etc'
approval of the board of education, and to expend an
amount not exceeding thirty thousand dollars in the pur-
chase of real estate and the construction or alteration of
buildings therefor. In order to provide the share to be
paid by the county of the cost of establishing and equip-
ping the said school, the county commissioners are hereby
authorized to issue bonds of the county to an amount not
exceeding thirty thousand dollars. The said bonds shall
be issued for a term not exceeding twenty years, and shall
bear interest at a rate not exceeding four per cent per
annum, payable semi-annually. The county commis-
sioners may, by vote, provide for the payment of the said
loan by such proportionate or other annual payments as
will extinguish the debt at maturity, but in such a manner

PUBLIC INSTRUCTION. [Chap. 566.

that the interest payable in any one year, together with
that part of the principal which is payable in the same
year, shall not be less than the aggregate amount of prin-
cipal and interest payable in any subsequent year. When
such a vote has been passed, the annual amount required
shall, without further vote, be assessed according to the
provisions of law relating to the assessment of county
taxes. After the construction and equipment of the
said school, the county shall annually raise by taxation
a sum not exceeding eight thousand dollars for the share
of the county in the maintenance of the said school.

Maintenance of
school, etc.

Support of
school, etc.

ADMINISTRATION.

SECTION 3. Any school established under this act shall
be established and maintained as an approved school, sub-
ject to the provisions of chapter four hundred and seventy-
one of the acts of the year nineteen hundred and eleven,
and of any amendments thereof, and the county shall be
reimbursed for expenditures incurred in its maintenance
in the manner and to the extent provided for the reim-
bursement of cities and towns by the said chapter and any
amendments thereof.

SUPPORT.

SECTION 4. The said trustees shall annually prepare, on
or before the fifteenth day of December, an estimate of
the amount required to maintain the school for the en-
suing year, and said amount shall be included in the
estimate required by section twenty-seven of chapter
twenty-one of the Revised Laws, as amended; and if the
expenditure of the amount so estimated or any part
thereof shall be authorized by the general court, the said
trustees shall, subject to the provisions of said chapter
four hundred and seventy-one, expend the same for the
purpose hereinbefore stated.

NON-RESIDENT PUPILS.

Pupils, etc. SECTION 5. Said school shall be free for attendance to

all residents of said county over fourteen and under
twenty-five years of age. Any resident, over fourteen and
under twenty-five years of age, of any city or town in
Massachusetts which does not maintain an agricultural
school, offering the type of education which he desires,

Chap. 587.] AGRICULTURAL EDUCATION. 85

and approved by the board of education, may make appli-
cation for admission to the said school. The board of
education, whose decision shall be final, may approve or
disapprove such application. In making its decision,* the
board shall take into consideration the opportunities for
free agricultural training in the community in which the
applicant lives, the financial status of the community,
the age, sex, preparation, aptitude and previous record
of the applicant, and all other relevant circumstances.
The board may, however, permit pupils with limited
educational preparation to enter for a special course of
study in horticulture, fruit growing or dairy farming. The
city or town in which the person resides whose applica-
tion for admission to the said school has been approved
as herein provided, shall pay such tuition fee as may be
fixed by the board of education; and the commonwealth
shall reimburse such city or town upon the recommenda-
tion of the board of education to the extent of one half
the sum expended by the city or town in payment of such
tuition fee. If any city or town neglects or refuses to pay
for such tuition it shall be liable therefor to said trustees
in an action of contract.
SECTION 6. The provisions of chapter five hundred and Certain pro-

T . n i o-i • -I i -i i • i visions of law

thirty of the acts of the year nineteen hundred and eight, applicable,
as amended by chapter five hundred and sixty-seven of the
acts of the year nineteen hundred and ten, for half rate
fare upon street railways shall apply to pupils of the said
school.

SECTION 7. So much of this act as applies to the ref-
erendum shall take effect upon its passage, the remainder
upon its acceptance by the voters of the county as pro-
vided in section one of this act.

INDEPENDENT AGRICULTURAL SCHOOL IN ESSEX COUNTY.

[Chapter 587, Acts of 1912.]

AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAIN-
TENANCE OF AN INDEPENDENT AGRICULTURAL SCHOOL
IN THE COUNTY OF ESSEX.
SECTION 1. At the next state election there shall be independent
placed upon the official ballots for the county of Essex, the
following question: - "Shall the county of Essex establish «"»*y
an independent agricultural school?" If a majority of the

86 PUBLIC INSTRUCTION. [Chap. 587.

voters voting thereon vote in the affirmative, then, the
governor, with the advice and consent of the council,
shall appoint four persons, one for the term of one year,
one for the term of two years, one for the term of three
years and one for the term of four years, and thereafter
he shall appoint annually one person for the term of four
years, residents of the county, who together with the
county commissioners for the county shall be known as
the trustees of the independent agricultural school of the
county of Essex. Said trustees shall serve without com-
pensation, but shall be reimbursed for their necessary
travelling expenses, the same to be charged and paid on
account of maintenance, as hereinafter provided.
8ohS}i,°etc.f SECTION 2. The said trustees are hereby authorized to

determine the location of the said school, subject to the
approval of the board of education, and to expend the
sum of seventy-five thousand dollars to be provided by
the county of Essex, for the purchase of real estate and
the erection or alteration of buildings therefor. Thereafter
the county of Essex shall each year upon the recommenda-
tion of the said trustees raise by taxation a sum not ex-
ceeding twenty-five thousand dollars for the maintenance
of said school, and the sum so raised shall be paid to the
said trustees by the treasurer of the county upon their
requisition. In order to provide for the county's expense
in establishing and equipping the agricultural school
herein provided for, the county commissioners of the
county of Essex are hereby authorized to issue bonds of
the county to the amount of seventy-five thousand dollars,
to mature in whole or in part in not less than twenty
years, with interest at a rate not exceeding four per cent
per annum, and the sum so raised shall be paid to the
said trustees by the treasurer of the county upon their
requisition. The county commissioners may by vote
provide for the payment of said debt by such propor-
tionate or other annual payments as will extinguish the
same at maturity, in such manner that the aggregate
amount of principal and interest payable in any given
year shall not, together, be less than the aggregate amount
of principal and interest payable in any subsequent year;
and thereafter such annual amount shall, without further
vote, be assessed under the provisions of law relating to
the assessment of county taxes.

Chap. 587.] AGRICULTURAL EDUCATION. 87

SECTION 3. In order to aid in the maintenance of said
school the treasurer of the commonwealth shall, so long as
said school is approved by the board of education, pay, as
provided in section four of this act and upon the recom-
mendation of said board, to the county of Essex from
money in the treasury one half of the cost of maintaining
said school, the yearly payments not to exceed the sum of
twelve thousand five hundred dollars.

SECTION 4. The school authorized by this act shall be County to be
maintained as an approved school subject to the provi- expenditures,
sions of chapter four hundred and seventy-one of the acts etc'
of the year nineteen hundred and eleven, not inconsistent
with this act, and the county of Essex shall be reimbursed
for expenditures incurred in the maintenance of the school
in the same manner and to the same extent as cities and
towns are reimbursed under the provisions of the said
chapter.

SECTION 5. 1. The said school shall be free for at- Pupils, etc.
tendance to all residents of said county over fourteen and
under twenty-five years of age. Any resident over four-
teen and under twenty-five years of age of any city or
town in Massachusetts which does not maintain an agri-
cultural school approved by the board of education and
offering the type of training which he desires, may make
application for admission to the said school. The board
of education, whose decision shall be final, may approve
or disapprove such application. In making its decision
the board of education shall take into consideration the
opportunities for free agricultural training in the com-
munity in which the applicant resides, the financial status
of the community, the age, sex, preparation, aptitude and
previous record of the applicant, and all other relevant
circumstances.

2. The city or town in which the person resides, whose Tuition fee,
application for admission to the said school has been ap- etc*
proved as herein provided, shall pay such tuition fee as
may be fixed by the board of education; and the common-
wealth shall reimburse such city or town, upon the recom-
mendation of the board of education, to the extent of one
half the sum paid by the city or town as a tuition fee.
If any city or town neglects or refuses to pay for such
tuition, it shall be liable therefor in an action of contract
brought by the trustees of the school. The said trustees

PUBLIC INSTRUCTION. [Chap. 502.

Certain pro-
visions of law
applicable.

Time of taking
effect.

are hereby charged with the duty and responsibility of
collecting all moneys due the school for tuition fees, for
the work of pupils, from the sale of products or from any
other source other than local taxation and of paying over
such moneys to the treasurer of the county of Essex.

SECTION 6. The provisions of chapter five hundred
and thirty of the acts of the year nineteen hundred and
eight for half rate fare upon street railways shall apply
to pupils of the said school.

SECTION 7. So much of this act as applies to the ref-
erendum shall take effect upon its passage, the residue
upon its acceptance by the voters of the county as pro-
vided in section one of this act.

Massachusetts Agricultural College.

The Massachusetts Agricultural College offers an education
without tuition fee to any student who is a resident of Massa-
chusetts and who meets the requirements for admission. Women
are admitted on the same basis as are men. Students who are not
residents of Massachusetts are required to pay a nominal tuition
fee.

Appointment
of school physi-
cians, etc.

Proviso.

MEDICAL INSPECTION OF SCHOOLS.

[Chapter 502, Acts of 1906, as amended.]

APPOINTMENT OF SCHOOL PHYSICIANS, ETC.; ALSO MEDI-
CAL INSPECTION OF SCHOOLS, AND OF WORKING CHIL-
DREN BETWEEN THE AGES OF FOURTEEN AND SIXTEEN.

SECTION 1. (As amended by chapter 257, Acts of
1910.) The school committee of every city and town in
the commonwealth shall appoint one or more school physi-
cians, shall assign one to each public school within its
city or town, and shall provide them with all proper facil-
ities for tbe performance of their duties as prescribed in
this act; and shall assign one or more to perform the duty
of examining children who apply for health certificates *
in accordance with this act: provided, however, that in
cities wherein the board of health is already maintaining
or shall hereafter maintain substantially such medical
inspection as this act requires, the board of health shall
appoint and assign the school physician.

See also section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet.

Chap. 502.] MEDICAL INSPECTION OF SCHOOLS. 89

EXAMINATION AND DIAGNOSIS TO BE MADE.

SECTION 2. (As amended by chapter 257, Acts of

v ^ v ,r> \ -n i i i • • i 1 1 i , anc* diagnosis

1910.) Every school physician shall make a prompt of children to
examination and diagnosis of all children referred to
him as hereinafter provided, and such further examina-
tion of teachers, janitors and school buildings as in his
opinion the protection of the health of the pupils may re-
quire. Every school physician who is assigned to perform
the duty of examining children who apply for health cer-
tificates l shall make a prompt examination of every child
who wishes to obtain an age and schooling certificate, as
provided in section sixty of chapter five hundred and
fourteen of the acts of the year nineteen hundred and
nine,2 and who presents to said physician an employment
ticket, as provided in said section, and the physician shall
certify in writing whether or not in his opinion such child
is in sufficiently sound health and physically able to per-
form the work which the child intends to do.

SECTION 3. The school committee shall cause to be re- Authority of
ferred to a school physician for examination and diagnosis mitSU°etc.
every child returning to school without a certificate from
the board of health after absence on account of illness or
from unknown cause; and every child in the schools under
its jurisdiction who shows signs of being in ill health or of
suffering from infectious or contagious disease, unless
he is at once excluded from school by the teacher; except
that in the 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.

NOTICE TO BE SENT TO PARENT OR GUARDIAN.

SECTION 4. The school committee shall cause notice of Notice of

,i T ,» .„ „ i • i , ., , disease of child

the disease or defects, if any, from which any child is to be sent to
found to be suffering to be sent to his parent or guardian.
Whenever a child shows symptoms of smallpox, scarlet
fever, measles, chickenpox, tuberculosis, diphtheria or in-
fluenza, tonsilitis, whooping cough, mumps, scabies or
trachoma, he shall be sent home immediately, or as soon
as: safe and proper conveyance can be found, and the board
of 'health shall at once be notified.

1 See also section 58, chapter 514, Acts of 1909, as amended, page 57 of this pamphlet.

2 As amended by section 18 of chapter 779, Acts of 1913, see page 60 of this pamphlet.

PUBLIC INSTRUCTION. [Chap. 502.

Testing as to
defective sight,
etc.

State board of
health, etc., to
furnish test-
cards, blanks,
etc.

When to take
effect.

TESTS OF SIGHT AND HEARING, AND EXAMINATION FOR
DISABILITY OR DEFECTS.

SECTION 5. The school committee of every city and
town shall cause every child in the public schools to be
separately and carefully tested and examined at least once
in every school year to ascertain whether he is suffering
from defective sight or hearing or from any other disa-
bility 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. The tests of sight
and hearing shall be made by teachers. The committee
shall cause notice of any defect or disability requiring
treatment to be sent to the parent or guardian of the child,
and shall require a physical record of each child to be
kept in such form as the state board of education shall
prescribe.

SECTION 6. The state board of health shall prescribe
the directions for tests of sight and -hearing and the state
board of education shall, after consultation with the state
board of health, prescribe and furnish to school com-
mittees suitable rules of instruction, test-cards, blanks,
record books and other useful appliances for carrying out
the purposes of this act, and shall provide for pupils in the
normal schools instruction and practice in the best methods
of testing the sight and hearing of children. The state
board of education may expend during the year nineteen
hundred and six a sum not greater than fifteen hundred
dollars, and annually thereafter a sum not greater than
five1 hundred dollars for the purpose of supplying the
material required by this act.

Section 7 is repealed by chapter 412, Acts of 1908.

SECTION 8. This act shall take effect on the first day
of September in the year nineteen hundred and six.

Money may be
expended for
medical in-
spection in
public schools.

EXPENDITURES BY STATE BOARD OF EDUCATION FOR

MEDICAL INSPECTION OF SCHOOLS.
Chapter 189, Acts of 1908, provides as follows :-
For the purpose of furnishing schools and school com-
mittees with the material and appliances provided for by

1 See chapter 189, Acts of 1908, as given below.

lor

nurses.

MEDICAL INSPECTION OF SCHOOLS. 91

section six of chapter five hundred and two of the acts of
the year nineteen hundred and six, relative to the health of
children in the public schools, the state board of education
may annually expend a sum not exceeding eight hundred
dollars, instead of five hundred dollars as is specified in the
said section.

AUTHORIZING TOWNS TO APPROPRIATE MONEY FOR THE

EMPLOYMENT OF NURSES.

Chapter 72, Acts of 1911, provides as follows: —
Towns are hereby authorized to appropriate annually Towns may
a sum not exceeding two thousand dollars for the employ- JSSSy fte
ment of district or other nurses. The said sums may be
expended directly by the town through its selectmen, or
under the direction of the board of health when authorized
so to do by the selectmen.

CITIES AND TOWNS MAY PROVIDE FREE MEALS FOR

SCHOOL CHILDREN.

Chapter 575, Acts of 1913, provides as follows :-
SECTION 1. The city council of a city and the select- cities and

„ J . , . J , towns may pro-

men 01 a town may provide meals or lunches free or at vide free meals

such price, not exceeding the cost, as they may fix, for
children attending its public schools, and cities and towns
may appropriate money for this purpose.

SECTION 2. This act shall be submitted to the voters of m^°dbtosul>
any city or town at the municipal election in any year if voters.
a petition to that effect, signed by not less than five per
cent of the voters, is filed with the city clerk or town clerk,
as the case may be, not less than one month before said
election; and if accepted by a majority of the voters
voting thereon it shall take effect in such city or town.
Otherwise this act shall not take effect.

MAINTENANCE OF DENTAL DISPENSARIES AUTHORIZED

IN CITIES AND TOWNS.

Chapter 677, Acts of 1914, provides as follows :-
Any city or town is hereby authorized to establish and £^n1mnady

maintain one or more dental dispensaries for children of maintain dental

T_ i i j? i • i -i <» i dispensaries

school age, the tunas appropriated therefor to be expended for children,
upon such terms and conditions and under such regula-
tions as the local board of health of the city or town may
from time to time prescribe.

92 PUBLIC INSTRUCTION. [Chap. 832.

RETIREMENT SYSTEM FOR PUBLIC SCHOOL
TEACHERS.

[Chapter 832, Acts of 1913.]

AN ACT TO ESTABLISH A RETIREMENT SYSTEM FOR PUBLIC
SCHOOL TEACHERS.

CONSTRUCTION.

?nd1£ms°rd9 SECTION 1. The following words and phrases as used
in this act, unless a different meaning is plainly required
by the context, shall have the following meanings : —

(1) "Retirement system" shall mean the arrangement
provided in this act for payment of annuities and pensions
to teachers.

(2) "Annuities" shall mean payments for life derived
from contributions from teachers.

(3) "Pensions" shall mean payments for life derived
from contributions from the commonwealth.

(4) "Teacher" shall mean any teacher, principal, super-
visor or superintendent employed by a school committee,
or board of trustees, in a public day school within the
commonwealth.

(5) "Public school" shall mean any day school con-
ducted within this commonwealth under the order and
superintendence of a duly elected school committee and
also any day school conducted under the provisions of
chapter four hundred and seventy-one of the acts of the
year nineteen hundred and eleven.

(6) "Regular interest" shall mean interest at three per
cent per annum, compounded annually on the last day of
December of each year.

(7) "Retirement board" shall mean the teachers' re-
tirement board, as provided in section four of this act.

(8) "Retirement association" shall mean the teachers'
retirement association, as provided in section three of this
act.

(9) "Expense fund" shall mean the fund provided for
in paragraph numbered one in section five of this act.

(10) "Annuity fund" shall mean the fund provided for
in paragraph numbered two in section five of this act.

(11) "Pension fund" shall mean the fund provided for
in paragraph numbered three in section five of this act.

Chap. 832.] RETIREMENT SYSTEM, ETC. 93

(12) "School year" shall mean the twelve months from
the first day of July of any year to the thirtieth day of
June next succeeding.

(13) "Assessments" shall mean the annual payments to
the annuity fund by members of the association.

ESTABLISHMENT OF A TEACHERS' RETIREMENT SYSTEM.

SECTION 2. A teachers' retirement system shall be Teachers' retire-
established on the first day of July, nineteen hundred and StabiShed™
fourteen.

TEACHERS' RETIREMENT ASSOCIATION.

SECTION 3. A teachers' retirement association shall be Organization,
organized among the teachers in the public schools as
follows : —

(1) All teachers, except those specified in paragraph (3)
of this section, who enter the service of the public schools
for the first time on or after July first, nineteen hundred
and fourteen, shall become thereby members of the associ-
ation.

(2) All teachers, except those specified in paragraph (3)
of this section, who shall have entered the service of the
public schools before June thirtieth, nineteen hundred and
fourteen, may at any time between July first, nineteen
hundred and fourteen, and September thirtieth, nineteen
hundred and fourteen, upon application in writing to the
commissioner of education, become members of the retire-
ment association. Any teacher failing to do so may there-
after become a member of the retirement board by paying
an amount equal to the total assessments, together with
regular interest thereon, that he would have paid if he
had joined the retirement association on September
thirtieth, nineteen hundred and fourteen.

(3) Teachers in the service of the public schools of
the city of Boston shall not be included as members of
the retirement association. 1

STATE TEACHERS' RETIREMENT BOARD.

SECTION 4. (1) The management of the retirement

system is hereby vested in the teachers' retirement board,

consisting of seven members: the insurance commissioner

for the commonwealth, the bank commissioner for the

1 Modified for industrial and continuation school teachers, by chapter 494, Acts of
1914, see page 103 of this pamphlet.

94 PUBLIC INSTRUCTION. [Chap. 832.

commonwealth, the commissioner of education for the com-
monwealth, three members of the retirement association
and one other person. Upon organization of the retire-
ment association the members thereof shall elect from
among their number in a manner to be approved by the
insurance commissioner, the bank commissioner and the
commissioner of education, three persons to serve upon
the retirement board, one member to serve for one year,
one for two years and one for three years, and thereafter
the members of the retirement association shall elect
annually from among their number in a manner to be
approved by the retirement board one person to serve
upon the retirement board for the term of three years.
The seventh member of the retirement board shall be
elected annually by the other six to serve for the term of
one year. On a vacancy occurring on the board, a suc-
cessor of such person whose place has become vacant shall
be chosen in the same manner as his predecessor to serve
until the next annual election. Until the organization of
the retirement association and the election of three rep-
resentatives therefrom, the insurance commissioner, the
bank commissioner and the commissioner of education
shall be empowered to perform the duties of the retire-
ment board.

(2) The members of the retirement board shall serve
without compensation, but they shall be reimbursed from
the expense fund of the retirement association for any
expenditures or loss of salary or wages which they may
incur through serving on the board. All claims for reim-
bursement on this account shall be subject to the approval
of the governor and council.

(3) The retirement board shall have power to make
by-laws and regulations not inconsistent with the pro-
visions of this act; and to employ a secretary who shall
give a bond in such amount as the board shall approve,
and clerical and other assistance as may be necessary.
The salaries shall be fixed by the board, with the approval
of the governor and council.

(4) The retirement board shall provide for the payment
of retirement allowances and such other expenditures as
are required by the provisions of this act.

(5) The retirement board shall adopt for the retirement
system one or more mortality tables, and shall determine
what rates of interest shall be established in connection

Chap. 832.] RETIREMENT SYSTEM, ETC. 95

with such tables, and may later modify such tables or
prescribe other tables to represent more accurately the
expense of the retirement system or may change such rates
of interest, and may determine the application of the
changes made.

(6) The retirement board shall perform such other func-
tions as are required for the execution of the provisions of
this act.

CREATION OF FUNDS.

SECTION 5. The funds of the retirement system shall
consist of an expense fund, an annuity fund and a pension
fund.

(1) The expense fund shall consist of such amounts as Expense fund,
shall be appropriated by the general court from year to

year on estimates submitted by the retirement board to
defray the expense of the administration of this act,
exclusive of the payment, of retirement allowances.

(2) The annuity fund shall consist of assessments paid Annuity fund,
by members of the retirement association, and interest
derived from investments of the annuity fund. Each
member of the retirement association shall pay into the
annuity fund, by deduction from his salary in the manner
provided in section nine, paragraph five, of this act, such
assessments upon his salary as may be determined by the
retirement board. The rate of assessment shall be estab- Rate of
lished by the retirement board on the first day of July of M

each year after a prior notice of at least three months, and
shall at any given time be uniform for all members of the
retirement association, and shall not be less than three per
cent nor more than seven per cent of the member's
salary: provided, however, that when the total sum of
assessments on the salary of any member at the rate
established by the retirement board would amount to
more than one hundred dollars or less than thirty-five
dollars for any school year, such member shall in lieu of
assessments at the regular rate be assessed one hundred
dollars a year or thirty-five dollars a year as the case may
be, payable in equal instalments to be assessed for the
number of months during which the schools of the com-
munity in which such member is employed are commonly
in session. Any member of the retirement association who
shall for thirty years have paid regular assessments to
the annuity fund as provided herein, shall be exempt from

PUBLIC INSTRUCTION. [Chap. 832.

Pension fund.

Age at which
members may
be retired.

Payment of

retirement

allowances.

further assessments; but such member may thereafter,
if he so elects, continue to pay his assessments to the
fund. No member so electing shall pay further assess-
ments after the total sum of assessments paid by him
shall at any time have amounted, with regular interest, to
a sum sufficient to purchase an annuity of five hundred
dollars at age sixty; and interest thereafter accruing shall
be paid to the member at the time of his retirement.

(3) The pension fund shall consist of such amounts as
shall be appropriated by the general court from time to
time on estimates submitted by the retirement board for
the purpose of paying the pensions provided for in this
act.

PAYMENT OF RETIREMENT ALLOWANCES.

SECTION 6. (1) Any member of the retirement associ-
ation may retire from service in the public schools on
attaining the age of sixty years, or at any time thereafter,
if incapable of rendering satisfactory service as a teacher,
may, with the approval of the retirement board, be retired
by the employing school committee.

(2) Any member of the retirement association, on at-
taining the age of seventy years, shall be retired from
service in the public schools.

(3) A member of the retirement association after his
retirement under the provisions of paragraphs numbered
(1) or (2) of this section, shall be entitled to receive from
the annuity fund, as he shall elect at the time of his re-
tirement, on the basis of tables adopted by the retirement
board : — (a) an annuity, payable in quarterly payments,
to which the sum of his assessments under section five,
paragraph (2), with regular interest thereon, shall entitle
him; or, (6) an annuity of less amount, as determined by
the retirement board for the annuitants electing such op-
tion, payable in quarterly payments, with the provision
that if the annuitant dies before receiving payments equal
to the sum of his assessments under section five, para-
graph (2), with regular interest, at the time of his retire-
ment, the difference between the total amount of said
payments and the amount of his contributions with regular
interest shall be paid to his legal representatives.

(4) Any member of the retirement association receiving
payments of an annuity as provided in paragraph num-
bered (3) of this section shall, if not rendered ineligible

Chap. 832.] RETIREMENT SYSTEM, ETC. 97

therefor by the provisions of section twelve of this act,
receive with each quarterly payment of his annuity an
equal amount to be paid from the pension fund as directed
by the retirement board.

(5) Any teacher who shall have become a member of
the retirement association under the provisions of para-
graph numbered (2) of section three, and who shall have
served fifteen years or more in the public schools of the
commonwealth, not less than five of which shall immedi-
ately precede retirement, shall, on retiring as provided in
paragraphs (1) and (2) of this section, be entitled to
receive a retirement allowance as follows : — (a) such an-
nuity and pension as may be due under the provisions of
paragraphs numbered (3) and (4) of this section; (6) an
additional pension to such an amount that the sum of
this additional pension and the pension provided in para-
graph (4) of this section shall equal the pension to which
he would have been entitled under the provisions of this
act if he had paid thirty assessments on his average yearly
wage for the fifteen years preceding his retirement and at

the rate in effect at the time of his retirement: provided, Provisos.
(1) that if his term of service in the commonwealth shall
have been over thirty years the thirty assessments shall
be reckoned as having begun at the time of his entering
service and as drawing regular interest until the time of
retirement; and further provided, (2) that if the sum of
such additional pension together with the annuity and
pension provided for by paragraphs numbered (3) and (4)
of this section is less than three hundred dollars in any
one year, an additional sum sufficient to make an annual
retirement allowance of three hundred dollars shall be
paid from the pension fund.

(6) If at any time it is impossible or impracticable to
consult the original records as to wages received by a
member during any period, the retirement board shall
determine the pension to be paid under paragraph num-
bered (5) (6) of this section in accordance with the evi-
dence they may be able to obtain.

WITHDRAWAL AND REINSTATEMENT.

SECTION 7. (1) Any member of the retirement associ- withdrawal and
ation withdrawing from service in the public schools before rein8tatement-
becoming eligible to retirement shall be entitled to receive

98 PUBLIC INSTRUCTION. [Chap. 832.

from the annuity fund all amounts contributed as assess-
ments, together with regular interest thereon, in the
manner hereinafter provided.

(2) If such withdrawal shall take place before ten annual
assessments have been paid, the total amount to which
such member is entitled as determined by the retirement
board under the provisions of this act shall be paid to
him in four annual instalments.

(3) If such withdrawal shall take place after ten annual
assessments have. been paid the amount so refunded shall
be in the form of such annuity for life based on the con-
tributions of such member, together with regular interest
thereon, as may be determined by the retirement board
according to its annuity tables, or in four annual instal-
ments, as such member may elect.

(4) If a member of the association withdrawing and re-
ceiving payments in accordance with paragraphs num-
bered (2) and (3) of this section, shall die before the
amount of such payments equals the amount of his con-
tributions to the annuity fund with regular interest, the
difference between the amount of such payments and the
amount of his contributions with regular interest shall be
paid to his legal representatives.

(5) Any member of the retirement association who shall
have withdrawn from service in the public schools shall,
on being re-employed in the public schools, be reinstated
in the retirement association in accordance with such
plans for reinstatement as the retirement board shall
adopt.

(6) If a member of the retirement association shall die
before retirement, the full amount of his contributions to
the annuity fund with regular interest to the day of his
death shall be paid to his legal representatives.

TAXATION, ATTACHMENTS AND ASSIGNMENTS.

SECTION 8. That portion of the salary or wages of a
attachment^, ' member deducted or to be deducted under this act, the
right of a member to an annuity or pension, and all his
rights in the funds of the retirement system shall be
exempt from taxation, and from the operation of any laws
relating to bankruptcy or insolvency, and shall not be
attached or taken upon execution or other process of any
court. No assignment of any right in, or to, said funds

committees.

Chap. 832.] RETIREMENT SYSTEM, ETC. 99

shall be valid. The funds of the retirement system, so far
as invested in personal property, shall be exempt from
taxation.

DUTIES OF THE SCHOOL COMMITTEE.

SECTION 9. (1) The school committee of each town Dutiesof school
and city in the commonwealth shall, before employing in
any teaching position any person to whom this act may
apply, notify such person of his duties and obligations
under this act as a condition of his employment.

(2) On or before October first of each year the school
committee of each town and city in the commonwealth
shall certify to the retirement board the names of all
teachers to whom this act shall apply.

(3) The school committee of each town and city in the
commonwealth shall, on the first day of each calendar
month, notify the retirement board of the employment of
new teachers, removals, withdrawals, changes in salary of
teachers, that shall have occurred during the month pre-
ceding.

(4) Under the direction of the retirement board the
school committee of each town or city in the common-
wealth shall furnish such other information as the board
may require relevant to the discharge of the duties of the
board.

(5) The school committee of each town and city in the .
commonwealth shall, as directed by the retirement board,
deduct from the amount of the salary due each teacher
employed in the public schools of such city or town such
amounts as are due as contributions to the annuity fund
as prescribed in this act, shall send to the treasurer of
said town or city a statement as voucher for such deduc-
tions, and shall send a duplicate statement to the secre-
tary of the retirement board.

(6) The school committee of each town and city in the
commonwealth shall keep such records as the retirement
board may require.

DUTIES OF BOARDS OF TRUSTEES.

SECTION 10. In administering this act for the benefit
of teachers in schools conducted in accordance with chap-
ter four hundred and seventy-one of the acts of the year
nineteen hundred and eleven, the boards of trustees of

100

PUBLIC INSTRUCTION. [Chap. 832.

Custody and
investment of
funds.

said schools are hereby authorized and required to per-
form all the duties prescribed for school committees under
this act.

CUSTODY AND INVESTMENT OF FUNDS.

SECTION 11. (1) The treasurer of each town or city
in the commonwealth on receipt from the school com-
mittee or board of trustees of the voucher for deductions
from the teachers' salaries provided for in section nine
shall transmit, monthly, the amounts specified in such
voucher to the secretary of the retirement board.

(2) The secretary of the retirement board shall monthly
pay to the treasurer of the commonwealth all sums col-
lected by him under the provisions of paragraph (1).

(3) All funds of the retirement system shall be in
custody and charge of the treasurer of the commonwealth
and the treasurer shall invest such funds as are not re-
quired for current disbursements in accordance with the
laws of the commonwealth governing the investment of
sinking funds. He may, whenever he sells securities,
deliver the securities so sold upon receiving the proceeds
thereof, and may execute any or all documents necessary
to transfer the title thereto.

(4) The treasurer of the commonwealth shall make such
payments to members of the retirement association from
the annuity fund and pension fund as the retirement board
shall order to be paid in accordance with sections six
and seven of this act.

(5) On, or before, the third Wednesday in January, the
treasurer of the commonwealth shall file with the insur-
ance commissioner for the commonwealth, and with the
secretary of the retirement board, a sworn statement ex-
hibiting the financial condition of the retirement system
on the thirty-first day of the preceding December and its
financial transactions for the year ending at such date.
Such statement shall be in the form prescribed by the
retirement board and approved by the insurance commis-
sioner.

Membership in
other retire-
ment associa-
tions.

MEMBERSHIP IN OTHER RETIREMENT ASSOCIATIONS.

SECTION 12. (1) No person required to become a
member of the association under the provisions of para-
graph (1) of section three of this act shall be entitled to
participate in the benefits of any other teachers' retire-

Chap. 832.] RETIREMENT SYSTEM, ETC. 101

ment system, supported in whole or in part by funds
raised by taxation, or to a pension under the provisions
of chapter four hundred and ninety-eight of the acts of
the year nineteen hundred and eight, or chapter five
hundred and eighty-nine of the acts of the year nineteen
hundred and eight, as amended by chapter six hundred
and seventeen of the acts of the year nineteen hundred
and ten.

(2) No member of the retirement association shall be
eligible to receive any pension as described in section six
of this act, who is at the time in receipt of a pension
paid from funds raised in whole or in part from taxation
under the provisions of chapter four hundred and ninety-
eight of the acts of the year nineteen hundred and eight,
or chapter five hundred and eighty-nine of the acts of
the year nineteen hundred and eight, as amended by chap-
ter six hundred and seventeen of the acts of the year
nineteen hundred and ten, or of any other act providing
pensions for teachers, providing that this paragraph shall
not be construed as applying to the Boston Teachers'
Retirement Fund Association.

REIMBURSEMENT OF CITIES AND TOWNS.

SECTION 13. (1) Whenever, after the first day of July, Reimbursement
nineteen hundred and fourteen, a town or city retires a towns633
teacher who is not eligible to a pension under the provi-
sions of section six, paragraph (4) of this act, and pays
to such teacher a pension in accordance with chapter four
hundred and ninety-eight of the acts of the year nineteen
hundred and eight, or chapter five hundred and eighty-
nine of the acts of the year nineteen hundred and eight,
as amended by chapter six hundred and seventeen of the
acts of the year nineteen hundred and ten, and the school
committee of said town or city certifies under oath to the
retirement board to the amount of said pension, said town
or city shall be reimbursed therefor annually by the com-
monwealth: provided, that no such reimbursement shall P«>vi«>-
be in excess of the amount, as determined by the retire-
ment board, to which said teacher would have been en-
titled as a pension, had he become a member of the re-
tirement association under the provisions of section three,
paragraph (2) of this act.

102

PUBLIC INSTRUCTION. [Chap. 832.

Enforcement

(2) On or before the first Wednesday of January of
each year, the retirement board shall present to the gen-
eral court, a statement of the amount expended previous
to the preceding first day of July by cities and towns in
the payment of pensions under the provisions of the pre-
ceding paragraph, for which such cities and towns should
receive reimbursement. On the basis of such a statement,
the general court may make an appropriation for the reim-
bursement of such cities and towns up to such first day
of July.

JURISDICTION OF COURT.

SECTION 14. The superior court shall have jurisdic-
tion in equity upon petition of the insurance commissioner
or of any interested party to compel the observance and
restrain the violation of this act, and of the rules and regu-
lations established by the retirement board hereunder.

petition.

REFERENDUM AND REPEAL.

SECTION 15. Upon the petition of not less than five
Per ceirt °^ the k£al v°ters °f anv city or town that has
adopted chapter four hundred and ninety-eight : of the
acts of the year nineteen hundred and eight, this question
shall be submitted, in case of a city, to the voters of such
city at the next city election, and, in case of a town, to
the voters of such town at the next annual town meeting,
and the vote shall be in answer to the question to be
placed upon the ballot: "Shall an act passed by the gen-
eral court in the year nineteen hundred and eight, en-
titled, 'An Act to authorize cities and towns to establish
pension funds for teachers in the public schools', be
repealed?" and if a majority of the voters voting thereon
at such election or meeting shall vote in the affirmative
said act shall be repealed in such city or town.

SECTION 16. So much of chapter four hundred and
ninety-eight 1 of the acts of the year nineteen hundred and
eight as authorizes its submission to the voters of a city
or town for acceptance after the passage of this act is
hereby repealed.

SECTION 17. This act shall take effect upon its passage.

1 See page 193 of this pamphlet for the chapter referred to.

RETIREMENT SYSTEM, ETC. 103

CHAPTER 494, ACTS OF 1914.

CERTAIN TEACHERS IN THE SCHOOLS OF THE CITY OF
BOSTON MAY BECOME MEMBERS OF THE STATE
TEACHERS' RETIREMENT ASSOCIATION.

SECTION 1. Teachers employed by the city of Boston Certain teach-
prior to the thirtieth day of June, nineteen hundred and ofBoston Sfay
fourteen, in schools operating under the provisions of
chapter four hundred and seventy-one l of the acts of
the year nineteen hundred and eleven and of chapter
eight hundred and five of the acts of the year nineteen
hundred and thirteen, may become members of the
teachers' retirement association, as established by chap-
ter eight hundred and thirty-two 2 of the acts of the year
nineteen hundred and thirteen, in the manner prescribed
by paragraph (2) of section three of said chapter; and
all teachers employed in the said schools for the first time
after the first day of July, nineteen hundred and four-
teen, shall thereby become members of the said retire-
ment association as prescribed by paragraph (1) of said
section three.

SECTION 2. Paragraph (3) of section three of said
chapter eight hundred and thirty-two 2 shall not be con- not to appy.
strued as applying to the teachers described in section one
of this act.

CHAPTER 498, ACTS OF 1908.

CITIES AND TOWNS AUTHORIZED TO ESTABLISH PENSION
FUNDS FOR TEACHERS IN THE PUBLIC SCHOOLS.

SECTION 1. In any city or town, except the city of Bos- Pension
ton, which accepts the provisions of this act a pension |?ubHc TC£X>IS.
fund shall be established for the retirement of teachers in
the public schools. The fund shall be derived from such
revenues as may be devoted to the purpose by the city
council of a city or by direct appropriation by a town.
The treasurer of the city or town shall be the custodian of
the fund, and shall make annual or semi-annual payments
therefrom to such persons and of such amounts as shall be
certified to him by the school committee.

SECTION 2. The school committee of any city or town Retirement of
which shall accept the provisions of this act may retire teachers- etc-

1 See pages 74 and 80 of this pamphlet for chapters referred to.

2 See page 92 of this pamphlet for the chapter referred to.

104

Acceptance of
act.

When to take
effect.

PUBLIC INSTRUCTION. [Chap. 658.

from active service and place upon the pension roll, any
teacher of such city or town who is sixty years old or over,
or is, in the judgment of said committee, incapacitated
for useful service, and who has faithfully served such city
or town for twenty-five years. The amount of the annual
pension allowed to any person under the provisions of this
act shall not exceed one half of the annual compensation
received by such person at the time of such retirement and
in no case shall exceed five hundred dollars.

SECTION 3. l Upon the petition of not less than five per
cent of the legal voters of any city or town, this act shall
be submitted, in case of a city, to the voters of such city
at the next city election, and, in case of a town, to the
voters of such town at the next annual town meeting, and
the vote shall be in answer to the question, to be placed
upon the ballot: — Shall an act passed by the general
court in the year nineteen hundred and eight, entitled
"An Act to authorize cities and towns to establish pen-
sion funds for teachers in the public schools", be accepted?
and if a majority of the voters voting thereon at such elec-
tion or meeting shall vote in the affirmative this act shall
take effect in such city or town.

SECTION 4. 1 So much of this act as authorizes its sub-
mission to the voters of a city or town shall take effect
upon its passage, but it shall not take further effect in any
city or town until accepted by the voters thereof as herein
provided.

CORRESPONDENCE SCHOOLS, AND OTHER
LIKE SCHOOLS.

[Chapter 658, Acts of 1914.]

AN ACT TO REGULATE CORRESPONDENCE AND OTHER

LIKE SCHOOLS.
Sale of stocks, SECTION 1. It shall be unlawful for anv person, firm,

bonds, etc., by . , . - i-.ii' e i

correspondence association or corporation engaged in the business or pub-

regSatecLC" lishing or selling school or text books or doing business as

a correspondence school in this commonwealth, directly

or indirectly, through its officers, agents or servants, to

sell stocks, bonds or other securities, either of its own

1 See sections 15 and 16 of chapter 832, Acts of 1913, page 102 of this pamphlet.

Chap. 658.] CORRESPONDENCE SCHOOLS, ETC. 105

company or of other companies, until and unless such
person, firm, association or corporation shall file with the
commissioner of corporations a copy of the charter and
by-laws of any company whose stocks, bonds or other
securities are offered for sale, a detailed statement, under
oath, of the condition of the company, the properties
owned or controlled by the company and the condition
thereof, and before offering any such stocks, bonds or
other securities for sale, a statement showing in detail the
plan of selling the stocks, bonds or other securities, the
plan of organization or increase of stock of the company,
a copy of all contracts in connection with such sales of
stocks, bonds, or other securities, the names and addresses
of all officers, proposed officers or promoters of the com-
pany, and the amount and price of the said stock, and the
commission and promotion fees or expenses of the or-
ganization of the company. If the commissioner of cor-
porations is satisfied that the statements so furnished are
correct and complete, that the proposed sale or sales of
the stocks, bonds or other securities of the company will
be conducted fairly, and that the representations therein
contained are true, he shall, upon the payment of a fee of
twenty-five dollars, issue a permit to sell such stocks,
bonds or other securities. Any person, firm, association Penalty,
or corporation that violates the provisions of this section
shall be punished by a fine of not more than five hundred
dollars or by imprisonment in the house of correction, or
jail, for a period of not more than one year, or by both
such fine and imprisonment.

SECTION 2. It shall be unlawful for any person, firm, False
association or corporation, engaged in the business of pub- prohibited!100
lishing or selling school or text books, or doing business as
a correspondence school, acting by its officers, servants or
agents, or otherwise, to make any representation as to its
financial condition, or as to the financial condition of any
other company whose stocks, bonds or other securities
such person, firm, association or corporation is engaged
in selling, which representation is not in accordance with
the truth and with the charter and by-laws of such com-
pany and with the certificate of financial condition and
the representations filed in accordance with the provisions
of section one hereof. Any person who purchases stocks,
bonds, or other securities in pursuance or partly in pur-

106

PUBLIC INSTRUCTION. [Chap. 211.

Pupa

defrauded
may bring
action for
recovery, etc.

All persons
doing business
as correspond-
ence school
to conform
to law, etc.

Penalty.

suance of any such representation may recover the price
so paid in an action of debt against the person, firm, asso-
ciation or corporation making the representation.

SECTION 3. Any pupil in or of any such correspondence
school who is defrauded by a misrepresentation made by
an officer or agent of, or by any advertisement or circular
issued by, the school, or by any person, firm, association
or corporation who or which sells text books to the said
school or to the pupils thereof, may have an action against
such school, person, firm, association or corporation for
recovery of three times the amount paid by him to such
school, person, firm, association or corporation.

SECTION 4. Every person, firm, association or corpora-
tion doing business in this commonwealth as a correspond-
ence school shall conform to the law thereto appertaining,
and with the rules and regulations established by the
board of education.

SECTION 5. Violation of any provision of sections two,
three or four of this act, or of any rule or regulation estab-
lished by the board of education under authority hereof,
shall be punished by a fine of not more than five hundred
dollars for each offence.

SCHOOL SAVINGS BANKS.

[Chapter 211, Acts of 1911.]

AN ACT TO AUTHORIZE SAVINGS BANKS TO RECEIVE
DEPOSITS FROM SCHOOL CHILDREN.

[Section 36 of chapter 590 of the Acts of 1908, as
amended.]

SECTION 36. Such corporation [any savings bank]
shall carry on its usual business at its banking house only,
and a deposit shall not be received or payment on account
of deposits be made by the corporation [any savings bank]
or by a person on its account in any other place than at
its banking house, which shall be in the city or town in
which the corporation [savings bank] is established; ex-
cept that the corporation [savings bank] may, with the
written permission of and under regulations approved by
the [bank] commissioner, maintain and establish one or
more branch offices or depots, for the receipt of deposits

Chap. 211.] SCHOOL SAVINGS BANKS. 107

only, in the city or town in which its banking house is
located, or in towns not more than fifteen miles distant
therefrom in which there is no savings bank at the time
when such permission is given: provided, however, that,
in order to encourage saving among the children in the
schools of this commonwealth, the corporation [savings
bank] may, with the written consent of and under regu-
lations approved by the [bank] commissioner arid, in the
case of public schools, by the [bank] commissioner and the
school committee in the city or town in which the school
is situated arrange for the collection of savings from
the school children by the principal or teachers of such
schools or by collectors. All moneys so collected shall
be entered on an individual deposit card furnished by
the corporation [savings bank], but the total collections
received by the corporation [savings bank] from any one
principal or teacher may be entered in the name of such
principal or teacher as trustee. When, however, the
amount deposited by any one pupil and credited on the
deposit card equals the minimum amount upon which
interest is allowed the corporation [savings bank] shall
issue a pass book to such pupil and thereafter, when the
amount deposited by the pupil and credited on the de-
posit card equals the sum of one dollar, it shall be trans-
ferred to the deposit book by the corporation [savings
bank]. The principal, teacher or person authorized by
the corporation [savings bank] to make collections from
the school children shall be deemed to be the agent of the
corporation [savings bank] and the corporation [savings
bank] shall be liable to the pupil for all deposits made
with such principal, teacher or other person and entered
upon the deposit card, the same as if the deposit were
made by the pupil directly with the corporation [savings
bank]. The annual meeting, and meetings of the trustees
or board of investment of such corporation [savings bank],
may be held at any place in the city or town in which its
banking house is located.

108 PUBLIC INSTRUCTION.

ADDITIONAL LAWS OF INTEREST IN EDUCA-
TIONAL MATTERS.

CHAPTER 208. SECTION 82, REVISED LAWS.

WILFUL INJURY TO SCHOOLHOUSES OR PROPERTY.
W7hoever wilfully, intentionally and without right, or
wantonly and without cause, destroys, defaces, mars or
injures a school house, church or other building which
has been erected or used for purposes of education or
religious instruction, or for the general diffusion of knowl-
edge, or an out-building, fence, well or appurtenance of
such school house, church or other building, or furniture,
apparatus or other property which belongs to or is con-
nected with such school house, church or other building,
shall be punished by a fine of not more than five hundred
dollars or by imprisonment for not more than one year.

CHAPTER 212, SECTION 20, REVISED LAWS, AS AMENDED BY CHAPTER 120,
ACTS OF 1904, AND BY CHAPTER 259, ACTS OF 1913.

PENALTY IF UNFIT PRINTED MATTER is DISTRIBUTED IN

SCHOOLS OR AMONG YOUTH.

Whoever imports, prints, publishes, sells or distributes
a book, pamphlet, ballad, printed paper or other thing
containing obscene, indecent or impure language, or mani-
festly tending to corrupt the morals of youth, or an
obscene, indecent or impure print, picture, figure or de-
scription, manifestly tending to corrupt the morals of
youth, or introduces into a family, school or place of
education, or buys, procures, receives or has in his pos-
session any such book, pamphlet, ballad, printed paper,
obscene, indecent or impure print, picture, figure, image
or other thing, either for the purpose of sale, exhibition,
loan or circulation or with intent to introduce the same
into a family, school or place of education shall be pun-
ished by imprisonment for not more than two years and
by a fine of not less than one hundred nor more than one
thousand dollars.

CHAPTER 212, SECTION 32, REVISED LAWS.

DISTURBANCE OF SCHOOL.

Whoever wilfully interrupts or disturbs a school or
other assembly of people met for a lawful purpose shall
be punished by imprisonment for not more than thirty
days, or by a fine of not more than fifty dollars.

ADDITIONAL LAWS, ETC. 109

CHAPTER 8, SECTION 5 (NINTH PART), REVISED LAWS, AS AMENDED BY
CHAPTER 136, ACTS OF 1911.

LEGAL HOLIDAYS.

Ninth. The words "legal holiday" shall include the
twenty-second day of February, the nineteenth day of
April, the thirtieth day of May, the fourth day of July,
the first Monday of September, the twelfth day of Octo-
ber, Thanksgiving day and Christmas day, or the day
following when any of the four days first mentioned,
the twelfth day of October or Christmas day occurs on
Sunday; and the public offices shall be closed on all of
said days.

CHAPTER 32, RESOLVES OF 1886.

ESTABLISHMENT OF ARBOR DAY.

Resolved, That his excellency the governor is requested
to set apart in each year the last Saturday in April as
Arbor Day, and to issue his proclamation recommending
that it be observed by the people of the Commonwealth
in the planting of trees, shrubs and vines, in the promo-
tion of forest growth and culture, in the adornment of
public and private grounds, places and ways, and in such
other efforts and undertakings as shall be in harmony
with the general character of a day so established.

CHAPTER 5, RESOLVES OF 1911.

OBSERVANCE OF FLAG DAY.

Resolved, That the governor shall annually set apart
the fourteenth day of June as Flag Day, that date being
the anniversary of the adoption of the national flag by the
continental congress in the year seventeen hundred and
seventy-seven; and shall issue his proclamation recom-
mending that the day be observed by the people of the
commonwealth in the display of the flag and in such
other ways as will be in harmony with the general char-
acter of the day.

CHAPTER 668, ACTS OF 1913.

APPOINTMENT BY THE BOARD OF FREE PUBLIC LIBRARY
COMMISSIONERS OF A DIRECTOR OF EDUCATIONAL
WORK FOR ALIENS, AUTHORIZED.

The board of free public library commissioners may,
with the consent of the governor and council, appoint an
agent or secretary to direct educational work for the

110 PUBLIC INSTRUCTION.

benefit of the alien population of the commonwealth, at
a salary of such amount, not exceeding two thousand
dollars, as the governor and council may approve. The
said agent may at any time be removed from office by a
majority vote of the board. In case of a vacancy, tem-
porary substitutes may be engaged on terms and condi-
tions approved by the governor and council.

CHAPTER 481, ACTS OF 1912.

GRANTING OF DEGREES BY COLLEGES AND OTHER INSTI-
TUTIONS OF LEARNING.

SECTION 1. (As amended by chapter 56 of the Acts of
1914-) On or before the first day of November, a peti-
tion described in section six1 of chapter three of the Re-
vised Laws shall be deposited in the office of the board of
education. The board of education shall transmit such
petition to the general court during the first week of the
following session, together with its recommendations rela-
tive thereto.

SECTION 2. So much of section seven of chapter three
of the Revised Laws as is inconsistent herewith is hereby
repealed.

CHAPTER 3, REVISED LAWS.

SECTION 5. . . . , shall give notice of such petition by
publishing a copy thereof once in each of three successive
weeks in such newspaper or newspapers as the secretary of
the commonwealth, having regard to the locality of the
interests involved in such petition, shall direct; the last
publication to be made at least fourteen days before the
session at which the petition is to be presented.

SECTION 6. Whoever intends to present to the general
court a petition for the incorporation of a college, uni-
versity or other educational institution, with power to
grant degrees, or for such an amendment to the charter
of an existing educational institution as will give to it
power to grant degrees shall give notice of such petition
by publishing a copy thereof, in the manner required in
section five, in such newspaper or newspapers as [the sec-
retary of] the board of education shall direct.

1 Section 6 and such other sections or portions thereof as are necessary are given for
convenience of reference.

Chap. 87.] STATE SCHOLARSHIPS. Ill

SECTION 7. 1 [On or before the first day of January,] a
petition described in section five shall be deposited in the
office of the secretary of the commonwealth and a petition
described in section six shall be deposited in the office of
[the secretary of] the board of education, with proof of
publication satisfactory to the secretary2 with whom it is
so deposited, and he shall transmit it to the general court
during the first week of the session with an endorsement
that the required publication has been made.

STATE SCHOLARSHIPS.

[Chapter 87, Resolves of 1912.]

WORCESTER POLYTECHNIC INSTITUTE.

RESOLVE IN FAVOR OF THE WORCESTER POLYTECHNIC

INSTITUTE.

Resolved, That there shall annually be paid out of the Worcester
treasury of the commonwealth to the treasurer of the ESS
Worcester Polytechnic Institute for the term of ten years,
beginning with the first day of September, nineteen hun-
dred and twelve, the sum of fifty thousand dollars, to be
expended under the direction of the corporation of said
institute for the general purposes of the institute: pro- Proviso.
vided, however, that the payment for the year nineteen
hundred and seventeen and for the four following years
shall be conditioned upon the presentation of satisfactory
evidence to the governor and council that the institute
has received by bequest or gift from other sources property
amounting in value to three hundred and fifty thousand
dollars in addition to the property held by it on -the day
of the approval of this resolve. In consideration of such
payment and of the grant made by chapter fifty-seven of
the resolves of the year eighteen hundred and sixty-nine,
the Worcester Polytechnic Institute shall maintain forty
free scholarships, of which each senatorial district in the
commonwealth shall be entitled to one full scholarship,
if a candidate is presented who is otherwise unable to
bear the expense of tuition. In case no such candidate

1 Portions of section 7 enclosed in brackets are superseded by section 1 (as amended)
of chapter 481, Acts of 1912, page 110 of this pamphlet.
1 Commissioner of Education.

112

PUBLIC INSTRUCTION. [Chap. 168.

1911, Res. 78,
amended.

Massachusetts
Institute of
Technology.

Proviso.

appears from a senatorial district, then a candidate may
be selected from the state at large to fill the vacancy, and
he may continue to hold the scholarship annually until a
candidate is presented from the senatorial district unrep-
resented. The scholarships shall be awarded to such pupils
of the public schools of Massachusetts as shall be found
upon examination to possess the qualifications prescribed
for the admission of students to said institute, and as
shall be selected by the board of education, preference in
the award being given only to qualified candidates other-
wise unable to bear the expense of tuition. Chapter five
hundred and sixty-two of the acts of the year nineteen
hundred and ten is hereby repealed. [Approved April 30,
1912.

[Chapter 168, Acts of 1912.]

MASSACHUSETTS INSTITUTE OF TECHNOLOGY.

AN ACT RELATIVE TO FREE SCHOLARSHIPS TO BE MAIN-
TAINED BY THE MASSACHUSETTS INSTITUTE OF TECH-
NOLOGY.

Chapter seventy-eight of the resolves of the year nine-
teen hundred and eleven is hereby amended by inserting
after the word "districts", in the twenty-eighth line, the
words: — If three or more properly qualified candidates
make application from any senatorial district, the board
of education shall, at the request of the senator from that
district, grant four half scholarships, or two half scholar-
ships and one whole scholarship, or two whole scholar-
ships from that district, — so as to read as follows : -
Resolved, That there shall annually be paid from the treas-
ury of the commonwealth to the Massachusetts Institute
of Technology, for the term of ten years, beginning with
the first day of January in the year nineteen hundred and
twelve, the sum of one hundred thousand dollars, to be
expended under the direction of the corporation of said
institute for the general purposes of the institute: pro-
vided, however, that the payment for the year nineteen
hundred and seventeen and for the four following years
shall be conditioned upon the presentation of satisfactory
evidence to the governor and council that the said Massa-
chusetts Institute of Technology has received, by bequest
or gift from other sources, the sum of one million dollars
in addition to all the funds held by it on the day of the

Chap. 168.] STATE SCHOLARSHIPS. 113

approval of this resolve. In consideration of the said pay-
ments and during the continuance thereof, the Massachu-
setts Institute of Technology shall maintain eighty free
scholarships to be granted by the board of education to
residents, or minor children of residents of Massachusetts
who, upon examination conducted under such rules and
regulations as the president of the said institute may
prescribe, shall be found to possess the qualifications fixed
for the admission of students to the institute. Two
such scholarships shall be available annually for properly
qualified candidates from each senatorial district, but if
there be less than two properly qualified candidates in any
senatorial district, such number of scholarships, less in
amount than two from each district, may then be dis-
tributed by the board of education among the other sena-
torial districts. If three or more properly qualified candi-
dates make application from any senatorial district, the
board of education shall, at the request of the senator
from that district, grant four half scholarships, or two half
scholarships and one whole scholarship, or two whole
scholarships from that district. Candidates for these
scholarships shall make application to the board of educa-
tion before the first day of July in each year, and shall
forward to that board the approval in writing of the sena-
tor from the district in which the candidate resides. In
awarding the scholarships preference shall be given to
properly qualified candidates who are otherwise unable
to bear the expense of tuition.

All acts and resolves and parts of acts and resolves
heretofore passed authorizing the annual appropriation of
funds by the commonwealth for the maintenance of free
or state scholarships in the Massachusetts Institute of
Technology, or prescribing the conditions under which
such scholarships shall be awarded, are hereby repealed.

The Massachusetts Institute of Technology shall trans-
mit each year copies of the annual report of its president
to the general court.

The eighty half scholarships now in force, as shown by
the records of the Massachusetts Institute of Technology,
shall continue in full force and effect until the end of the
course for which they were given, after which time all
future scholarships shall be filled under the regulations
and conditions herein prescribed. [Approved February 28,
1912.

114

PUBLIC INSTRUCTION. [Chap. 655.

CHAPTER 493, ACTS OF 1898.

AN ACT RELATIVE TO AWARDING STATE SCHOLARSHIPS IN
THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY AND
IN THE WORCESTER POLYTECHNIC INSTITUTE.

SECTION 1. The state board of education may in its
discretion award that any free scholarship which [either
the Massachusetts Institute of Technology or] the Worces-
ter Polytechnic Institute is required to maintain under the
provisions, respectively, of chapters [three hundred and
ten] and four hundred and seven of the acts of the year
eighteen hundred and ninety-six, 1 shall be divided between
two pupils. The scholarships so divided shall be called half
scholarships; and neither of said institutions shall require
from any pupil to whom a half scholarship has been
awarded payment of more than one half of the regular charge
or fee for tuition paid by pupils not holding scholarships.

SECTION 2. This act shall take effect upon its passage.

(The parts in brackets in the above section are superseded by chapter
168, Acts of 1912, page 112 of this pamphlet.)

CONSTRUCTION OF BUILDINGS.

[Chapter 655, Acts of 1913.]
AN ACT TO REVISE AND CODIFY THE BUILDING INSPECTION

LAWS OF THE COMMONWEALTH.

SECTION 11. If a schoolhouse in a city has not been
JSd with provided with a safe and proper egress or other means of
escape from fir6j as required by this act, within six months
after the written notice provided for in section twenty-
eight of this act, the mayor, for the purpose of conforming
to the provisions of this act relative to egresses or other
means of escape from fire in schoolhouses, may, upon peti-
tion of one hundred citizens or taxpayers in such city,
authorize the expenditure upon such schoolhouse of not
more than fifteen per cent of the cost thereof, payable
from any money in the treasury of that city which is not
otherwise appropriated.

Construction

etc.

SECTION 15. No building which is designed to be used,
in whole or in part, and no building in which alteration

Chap. 655.] CONSTRUCTION OF BUILDINGS. 115

shall be made for the purpose of using it, or continuing
its use, in whole or in part, as a public building, public
or private institution, schoolhouse, church, theatre, special
hall, public hall, miscellaneous hall, place of assemblage
or place of public resort, or as a factory, workshop or
mercantile or other establishment and to have accommo-
dations for ten or more employees, and no building more
than two stories in height designed to be used above the
second story, in whole or in part, and no building more
than two stories in height in which alteration shall be
made for the purpose of using it, or continuing its use,
in whole or in part, as an office building, dormitory, hotel,
family hotel, apartment house, boarding house, lodging
house or tenement house, and to have eight or more rooms
above said story, shall be erected, and no alteration shall
be made therein, until a copy of the plans and specifica-
tions thereof has been deposited with the supervisor of
plans of the building inspection department of the district
police by the person causing its erection or alteration or
by the architect thereof. Such plans and specifications
shall include those for heating, ventilation and sanitation,
as the supervisor of plans may require. Such building
shall not be so erected or altered without sufficient egresses
and other means of escape from fire, properly located and
constructed. The supervisor of plans may require that
stairways shall be enclosed, that they shall have suitable
landings, that they shall be provided with hand-rails,
that egress doors and windows shall open outward and
have approved hardware, that places of egress shall be
properly lighted and designated, and that proper fire
stops shall be provided in the floors, walls, partitions and
stairways of such building. He may make such further
requirements as may be necessary to prevent the spread
of fire, or its communication from any steam boiler or
heating apparatus therein. The certificate of approval of Certificate
the supervisor of plans of such plans and specifications, ofappro
endorsed with the approval of the deputy chief of the
building inspection department of the district police, or
a specification of requirements necessary for compliance
with the provisions of this act, set forth in detail and so
endorsed, shall be issued to the person causing its erection
or alteration, or to the architect thereof, and a copy of
the same, together with the plans, shall then be turned
over to the inspector in whose district the building is to

116

PUBLIC INSTRUCTION. [Chap. 655.

Buildings to
be provided
with fire
escapes, etc.

be erected or altered, who shall enforce the requirements
thereof and supervise such erection or alteration. After
a certificate of approval, or a specification of requirement,
has been issued, no change shall be made in the plans
or specification, or in the building, without the permission
in writing of the supervisor of plans.

SECTION 20. A building which is used, in whole or in
part, as a public building, public or private institution,
schoolhouse, church, theatre, special hall, public hall, mis-
cellaneous hall, place of assemblage, or place of public
resort, and a building in which ten or more persons are
employed in a factory, workshop, mercantile or other
establishment, and an office building, dormitory, hotel,
family hotel, apartment house, boarding house, lodging
house or tenement house which has eight or more rooms or
in which ten or more persons are accommodated or lodged
or reside above the second story, the owner, lessee or
occupant of which is notified in writing by an inspector
that the provisions of this act are deemed by him appli-
cable thereto, shall be provided with proper egresses or
other means of escape from fire, sufficient for the use of all
persons accommodated, assembled, employed, lodged or
resident therein; but no owner, lessee or occupant of such
building shall be deemed to have violated this provision
unless he has been notified in writing by such inspector
what additional egresses or means of escape from fire are
necessary and has neglected for thirty days, or has refused,
to provide the same. The egresses and means of escape
shall be kept unobstructed, in good repair and ready for
use, and, if the inspector so directs in writing, every such
egress shall be properly lighted and provided with a sign
having on it the word "Exit" in letters not less than five
inches in height, and so made and placed as plainly to
indicate to persons within the building the location of
such egresses, stairways shall have suitable hand-rails,
egress doors and windows shall open outwardly, and
women or children shall not be employed, in a factory,
workshop, mercantile or other establishment, in a room
above the second story from which there is only one
egress. The certificate of the inspector shall be con-
clusive evidence of a compliance with the said require-
ments. Portable seats shall not be allowed in the aisles
or passageways of such buildings during any service or

CONSTRUCTION OFBUILDINGS. Chap. 655.] 117

entertainment held therein. 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 landings, doors and windows shall
be kept clear of ice, snow and other obstructions.

SECTION 21. The basement and each story of a build- StLguWnw,
ing which is subject to the provisions of the preceding etc<
section shall be supplied with means of extinguishing fire,
consisting of a hose attached to a suitable water supply
and capable of reaching any part of such basement or
story, or of such portable apparatus as the inspector shall
direct; and such appliances shall be kept at all times
ready for use and in good condition.

SECTION 22. No wooden flue or air duct for heating or wooden flues,

, ., , . iTii IT in • etc., prohibited.

ventilating purposes shall be placed, or shall remain
placed, in any building which is subject to the provisions
of sections fifteen and twenty of this act, and no pipe for
conveying hot air or steam in such building shall be
placed, or shall remain placed, within one inch of any wood-
work, unless protected to the satisfaction of the inspector
by suitable guards or casings of incombustible material.

SECTION 27. If any change in the use or otherwise shall SanS in the
be made upon premises for which such certificate has been g21fing) etc.
issued which would render the certificate void, according
to the provisions of section twenty of this act, the person
who makes such change shall forthwith give written
notice thereof to an inspector for the district or to the
chief of the district police.

SECTION 28. If an inspector finds that any building Notice of
or part thereof which is subject to the provisions of this Snform?etc.
act fails to conform thereto, or if any change is made
therein which would render a certificate void according
to the provisions of section twenty of this act, he shall
give notice in writing to the owner, lessee, occupant or
agent in charge thereof, specifying such additional pro-
visions, egresses or other means of escape from fire as in
his opinion may be necessary to make it conform to the
provisions of this act and to obtain a certificate as afore-
said; and any such owner, lessee, occupant or agent in Penalty,
charge thereof, failing to comply with such notice for a
period of thirty days, may be punished by a fine of not
less than fifty nor more than one thousand dollars.

118

PUBLIC INSTRUCTION. [Chap. 655.

"Miscella-
neous hall,"
defined.

Ventilation
and sanitation.

Terms
defined.

SECTION 39. The term "miscellaneous hall" shall mean
a building or part of a building containing an audience or
assembly hall capable of seating not more than four hun-
dred persons, a society hall, or a hall in a public or private
school building. The certificate of the inspector shall be
conclusive evidence of a compliance with the provisions of
this act for such use of a hall as he shall set forth in
detail in the certificate, and shall be conspicuously posted
near the main entrance of the hall.

SECTION 40. Every public building and every school-
house shall be kept clean and free from effluvia arising
from any drain, privy or nuisance, shall be provided with
a sufficient number of proper water closets, earth closets,
or privies, and shall be ventilated in such a manner that
the air shall not become so impure as to be injurious to
health. If it appears to an inspector that further or
different heating, ventilating or sanitary provisions are
required in any public building or schoolhouse, in order
to conform to the requirements of this section, and that
such requirement can be provided without unreasonable
expense, he may issue a written order to the proper person
or authority, directing such heating, ventilating or sani-
tary provisions to be provided. A school committee,
public officer, or person who has charge of, owns, or leases
any such public building or schoolhouse, who neglects for
four weeks to comply with the order of such inspector
shall be punished by a fine of not more than one hundred
dollars. The state inspectors of health or such other
officers as the state board of health may from time to
time appoint shall make such examinations of school build-
ings as in the opinion of said board the protection of the
health of the pupils may require.

SECTION 41. In the preceding section, "public build-
ing" shall mean any building or part thereof used as a
public or private institution, church, theatre, special hall,
public hall, miscellaneous hall, place of assemblage or
place of public resort, and "schoolhouse" shall mean any
building or part thereof in which public or private instruc-
tion is afforded to more than ten pupils at one time. •

Time of
taking effect.

SECTION 62. This act shall take effect on the first day
of November, nineteen hundred and thirteen.

Chap. 835.] SCHOOL COMMITTEES. 119

CANDIDATES FOR, AND ELECTION OF,
SCHOOL COMMITTEES.

[Chapter 835, Acts of 1913.]

SECTION 13. (As amended by chapter 345, Acts of
1914-} Every female citizen having the qualifications of voters
a male voter required by the preceding section may have
her name entered upon the list of voters for school com-
mittee, and shall have the right to vote for the nomination
and election of members of the school committee upon
complying with the requirements hereinafter set forth.

SECTION 133. (As amended by chaptei 345, Acts of
1914-} - - - Every nomination paper shall state, in addi- contents, etc.
tion to the name of the candidate, (1) his residence, with
the street and number thereof, if any, (2) the office for
which he is nominated, (3) the political or municipal
party which he represents, and the paper may state, in
not more than eight words, the occupation of the candi-
date, the public offices which he has held, or that he is a
candidate for renomination, provided he is at the time an
incumbent of the office for which he seeks renomination
for another term, but not otherwise. Every voter who signatures.
signs such paper shall sign it in person, with his full
surname, his Christian name, and the initial of every
other name which he may have, and shall state his resi-
dence of the previous first day of April, as well as the
place where he is then living, with the street and number
thereof; but any voter who is prevented by physical
disability from writing, or who had the right to vote on
the first day of May in the year eighteen hundred and
fifty-seven, may authorize some person to write his name
and residence in his presence; and every voter may sign
as many nomination papers for each office to be filled as
there are persons to be nominated for or elected thereto,
and no more. Women who are qualified to vote may sign
nomination papers for candidates for members of the
school committee, to be voted for at primaries, and shall
be subject to all the provisions of law relating to such
nomination'papers. . . .

120

PUBLIC INSTRUCTION. [Chap. 835.

School
committee.

Women eligible
for certain
officers.

SECTION 400. . . . The town shall likewise at its annual
meeting choose from the inhabitants thereof members of
the school committee, which committee shall consist of
any number of persons divisible by three which the town
has decided to elect, one third thereof to be elected an-
nually, for the term of three years. If a town fails or
neglects to choose such committee, an election at a sub-
sequent meeting shall be valid. Where official ballots
are used the number to be so elected shall be determined
at a meeting held at least thirty days before the annual
town meeting. A town may, at an annual meeting, if
official ballots are not used, otherwise at a meeting held
at least thirty days before the annual meeting at which
such change is to become operative, vote to increase
or diminish the number of its school committee. Such
increase shall be made by adding one or more to each
class, to hold office according to the tenure of the class to
which they are severally chosen. Such diminution shall
be made by choosing, annually, such number as will in
three years effect it, and a vote to diminish shall remain
in force until the diminution under it is accomplished.

Women shall be eligible as overseers of the poor and
school committee.

manne?^fers' SECTION 411. The election of town clerk, selectmen,
election. assessors, overseers of the poor, town treasurer, auditor,

collector of taxes, constables, road commissioners, sewer
commissioners, board of health and school committee
shall be by ballot; and the election of all other town
officers shall be in such manner as the town may deter-
mine, unless otherwise provided by law. . . .

Ballots to be
sealed up,
indorsed, etc.

Town clerk,
oath, etc.

SECTION 413. If the town clerk, selectmen, assessors,
treasurer, collector of taxes and school committee are
voted for on one ballot, the moderator shall cause all such
ballots when canvassed and counted, and record thereof
has been made, publicly to be enclosed in envelopes, which
shall be sealed and indorsed, and certified in the manner
required by section three hundred and four.

SECTION 414. A person who is elected town clerk, if
present at the meeting, shall forthwith be sworn, either
by the moderator or by a justice of the peace, and shall
at once enter upon the performance of his duties. Every

Chap. 835.] SCHOOL COMMITTEES. 121

town officer designated by name in section four hundred,
unless other provision is specifically made by law, shall office, etc.
enter upon the performance of his duties on the day after
his election or as soon thereafter as he is qualified, and
shall hold office during the term fixed by law, which shall
begin on the day after the annual meeting, and until
another person is chosen and qualified in his stead.

SECTION 415. Town officers designated by name in Town officers,
section four hundred shall, before entering upon their °*
official duties, be sworn to the faithful performance thereof.
Such oath may be administered by the moderator in open
town meeting, or by the town clerk. The town clerk shall £°J2talerk
forthwith, after the election or appointment of town certain officers.
officers required to take an oath of office, make a list of
the names of all such officers not sworn by him or by the
moderator, and deliver it with his warrant to a constable
requiring him within three days to summon each such
person to appear and take the oath of office within seven
days after the service of such summons upon him; and
the constable shall within said seven days make' return
thereof to the town clerk. Persons so summoned, unless TO appear and
exempt by law from holding the office, shall within said ^thhTseven
seven days, take the oath of office before the town clerk days, etc.
or before a justice of the peace, and file a certificate thereof
with the town clerk.

SECTION 420. No ballot shall be received from any Ballots for
woman who votes for school committee in a town which fo?Tchoo?tins
does not use official ballots unless it has the words "For committee-
School Committee only'*, on the back thereof. Such
ballots shall be counted only in the choice of members of
the school committee, and for no other office or purpose.

SECTION 429. If there is a failure to elect, or if a va- certain officers,
cancy occurs in any town office, other than the offices of
selectmen, town clerk, assessor, treasurer, collector of
taxes or auditor, the selectmen shall in writing appoint a
person to fill such vacancy. If there is a vacancy in a
board consisting of two or more members, the remaining
members shall give notice thereof in writing to the select-
men, who, with the remaining member or members of
such board shall, after one week's notice, fill such vacancy
by ballot. A majority of the ballots of the officers en-

122

PUBLIC INSTRUCTION. [Chap. 835.

Vacancies,
removal from
town.

Proceedings
at special
elections.

titled to vote shall be necessary to such election. The
person so appointed or elected shall perform the duties
of the office until the next annual meeting or until another
is chosen and qualified.

SECTION 430. If a person removes from a town, he
shall thereby vacate any town office held by him.

SECTION 431. The proceedings in an election held by
reason of a previous failure to elect, or to fill a vacancy,
and the qualifications of a person to be elected or ap-
pointed, shall be the same as in an original election.

MASSACHUSETTS.

CONSTITUTION; AND

Duty of legis-
latures and
magistrates in
all future
periods. For
further pro-
visions as to
public
schools, see
amendments,
Art. XVIII.
12 Allen, 500,
508.

103 Mass. 94,
97.

School

moneys not

to be applied

for sectarian

schools.

12 Allen, 500,

508.

103 Mass. 94,

96.

CONSTITUTION OF

EDUCATIONAL PROVISIONS OF THE
AMENDMENT.

In the Constitution of Massachusetts are the following
provisions and amendment : —

CHAPTER V., SECTION II.
THE ENCOURAGEMENT OF LITERATURE, ETC.
Wisdom and knowledge, as well as virtue, diffused generally
among the body of the people, being necessary for the preservation
of their rights and liberties; and as these depend on spreading the
opportunities and advantages of education in the various parts of
the country, and among the different orders of the people, it shall
be the duty of legislators and magistrates, in all future periods of
this commonwealth, to cherish the interests of literature and the
sciences, and all seminaries of them ; especially the university at
Cambridge, public schools and grammar schools in the towns; to
encourage private societies and public institutions, rewards and
immunities, for the promotion of agriculture, arts, sciences, com-
merce, trades, manufactures and a natural history of the country;
to countenance and inculcate the principles of humanity and general
benevolence, public and private charity, industry and frugality,
honesty and punctuality in their dealings; sincerity, good humor,
and all social affections, and generous sentiments, among the people.

[Adopted in 1780.]

AMENDMENT, ARTICLE XVIII.

No PUBLIC MONEY TO BE USED FOR SECTARIAN SCHOOLS.
ART. XVIII. All moneys raised by taxation in the towns and
cities for the support of public schools, and all moneys which may
be appropriated by the state for the support of common schools,
shall be applied to, and expended in, no other schools than those
which are conducted according to law, under the order and superin-
tendence of the authorities of the town or city in which the money
is to be expended; and such moneys shall never be appropriated to
any religious sect for the maintenance exclusively of its own school.

[Adopted May 28, 1855.}

ADDITIONAL LAWS.

123

The following index will serve as a guide to certain laws to which
occasional reference needs to be made in dealing with educational
matters : —

Blind, adult, instruction of, ........

Commission for, may provide schools for, .....

Children, under seventeen years of age, admission of, to dance halls and
roller skating rinks,

Crippled and deformed, school for, ......

Delinquent and wayward.

Common towels,1 use of, in public places, . . . . .

Juvenile offenders, care and reformation of, trustees of Massachu-
setts Training Schools, .......

Reform schools, solitary confinement forbidden,
Dog tax may be applied to schools, ......

Feeble-minded, Massachusetts School for,

School for, act of 1906 to establish, .
Industrial schools for boys, reform,

Land, taking of, for school purposes, ....
Liquor license, distance from school building, .

Playgrounds, .........

Property for educational purposes exempt from taxation, .
Support of public schools, money appropriated at town meeting,

Textile schools,

Chap. 297, Acts of 1902.
Chap. 385, Acts of 1906.

Chap. 384, Acts of 1906.
[Chap. 446, Acts of 1904.
.1 Chap. 128, Acts of 1905.
] Chap. 226, Acts of 1907.
[Chap. 497, Acts of 1909.

Chap. 413, Acts of 1906.

Chap. 195, Acts of 1907.

Chap. 286, Acts of 1908.

Chap. 175, Acts of 191-1.

Chap. 187, Acts of 1912.

Chap. 59, Acts of 1912.

Chap. 566, Acts of 1911.

Chap. 265, Acts of 1911.

Chap. 102, sect. 163, R. L.

Chap. 504, Acts of 1909, sects.

59-65.

f Chap. 508, Acts of 1906.

\ Chap. 421, Acts of 1907.

fChap. 639, Acts of 1908.

Chap. 472, Acts of 1909.

Chap. 207, Acts of 1914.

Chap. 25, sects. 47-49, R. L.

Chap. 266, Acts of 1905.

Chap. 33, Acts of 1914.
f Chap. 100, sect. 35, R. L.
\ Chap. 104, Acts of 1906.
f Chap. 513, Acts of 1908.
\ Chap. 508, Acts of 1910.
[Chap. 223, Acts of 1912.

Chap. 490, Acts of 1909, Part
I., sect. 5, clause 3.

Chap. 25, sect. 15, R. L.
' Chap. 125, sects. 20-22, R. L.

Chap. 248, Acts of 1904.

Chap. 216, Acts of 1905.

Chap. 275, Acts of 1906.

Chap. 445, Acts of 1912.

1 Use of common towels prohibited in public schools, according to a rule of the State Department
of Health.

INDEX

INDEX.

PAGE

Absence from school, ........... 41, 42

Certain cases of, allowed, ......... 41

Excused when necessary, limit of , . . . . . . . . 41

Penalty for attempt to induce, ........ 42

Physical or mental condition in relation to, ...... 41

Absentees, truants, school offenders, etc., 48-51

Advisory committee for vocational schools, appointment of, and duties of, . . 77

Agents of the Board of Education, . . . . . . . . . 4, 5

Employment certificates must be accessible to, ...... 57

Employment of ............ 5

Salaries and travelling expenses, ........ 4

School registers open to, .......... 40

Text-books, etc., or articles of school supply, publication or sale by, pro-
hibited, 5

Agricultural College, Massachusetts, education in, free to residents of Massa-
chusetts, 88

Normal department may be established in, ...... 74

Agricultural education and instruction : —

"Agricultural education," definition of, ....... 74

In general (see also Vocational education, State-aided) , 83-88

In Bristol County Independent Agricultural School, ..... 83-85

Administration and maintenance of ........ 84

County commissioners in relation to trustees of, ..... 83

Half-rate fares for pupils of, ........ 85

Location of, etc., ......... 83

Non-resident pupils, approval of Board necessary, .... 84, 85

Support of, 84

In Essex County Independent Agricultural School, ..... 85-88

Half-rate fare on street railways for pupils of ...... 88

Location of, etc., .......... 86

Maintenance of, etc., ......... 87

Pupils, non-resident, etc., approval of Board in relation to, . . . 87

Reimbursement for expenditures, ....... 87

Tuition fee, etc 87

In independent industrial schools, ........ 75-77

In North Adams State Normal School, department in, .... 8

Subject of, may be taught in public schools, ...... 14

Alcoholic drinks, stimulants, narcotics, effect on system to be taught, . . 14
Aliens, educational work for, Free Public Library Commission may appoint

director of, 109

American School for the Deaf, .... 9

128 INDEX.

PAGE

Amusement, places of, admission of child under fourteen years of age to, regulated, 73
Annuities for teachers. See Retirement system for public school teachers.

Apparatus and books of reference, etc., school committee to procure, ... 29

Arbor Day, establishment of, ......... 109

Associations, county, teachers, payment to, by State, ..... 10

Massachusetts Teachers' Association, payment to, by State, ... 10
Teachers' Retirement Association, . . . . . . . . 92-102

Athletic organizations of pupils may be supervised, etc., by the school committee, 21
Attendance officers: —

Additional duties, relation to care of indigent and neglected children, . . 72

Appointment of and duties of, 52

Arrest by, of child who violates conditions of parole, ..... 50

Change of name from truant officers, 53

Children on probation, under oversight of, ...... 49

Complaints by, 48,49,73

In relation to children between seven and sixteen years of age, found

wandering in streets, etc., ........ 48

In relation to children under sixteen years of age, who violate reasonable

regulations of school, etc., ........ 49

In relation to habitual absentees or truants between seven and sixteen

years of age, .......... 48

In relation to children under fourteen years of age admitted to places of

amusement, ........... 73

Disciplinary day schools in Boston, children to be returned to, by, . . 54
Employment certificate and educational certificate, production of, may be

required by, .......... 63

Employment certificate must be accessible to, ...... 57

Factories, workshops, manufacturing establishments, etc., may be visited by, 62

Minor unlawfully employed may be arrested by, 63

Penalties for hindering or delaying work of, ...... 70

Police power in full vested in, in regard to minors in certain occupations, . . 70
Report of, in writing, in cases of illegal employment, to school authorities

and to State Board of Labor and Industries, ..... 62

Suffolk School for Boys, commitment to, upon complaint of, ... 54

Summons or warrants may be served by, . . . . . . . 51, 52

Women may serve as, 52

Attendance upon school, in general, ........ 40-45

Absence from. See Absence from school.

Admission refused, reasons to be given by school committee upon request, . 45

Children between seven and fourteen years of age, ..... 40, 41

Children between fourteen and sixteen years of age, . . . . . 40, 41

Compulsory, between seven and fourteen and under sixteen years of age in

certain cases, .......... 40, 41

Children placed, by the trustees of Massachusetts Training Schools, . . 43
By the State Board of Charity and by the trustees for children of the

city of Boston, .......... 43

Compulsory ages for, .......... 40, 41

Exclusion from, on account of infectious or contagious disease, ... 44

Exclusion from, reasons to be given for, ....... 45

Institutions, children placed in, expense for, . . . . . . 44

Non-resident pupils, consent of school committee necessary in certain cases, 44

Physical or mental condition in relation to, . . . . . . 41, 42

In evening schools, 65

INDEX. 129

Attendance upon school — Concluded. PAGE

Places other than residence 42, 43

Transportation expenses, ......... 43

Tuition for 43

Private schools, conditions of approval for, ...... 41

Race, color or religion not to exclude from, ...... 42

Regulations of, also penalty 41-45

Rights of children relating to, . . . . . . . . . 42

State wards, transportation of, ........ 43

Vaccination, neglect of, in certain cases, debars from, .... 44

Attendance on vocational education schools, restrictions as to age, ... 76
Attorney-General, approval of, necessary in case of forms for employment certi-
ficate and educational certificate, ....... 61

Auditor of the Commonwealth, normal school accounts directed by, ... 7

Average membership, how to reckon, ........ 40

Badges for minors in certain occupations, ....... 68, 69

Banks, savings, school, . 106, 107

Baptismal certificate, or birth certificate, in connection with issuance of employ-
ment certificate, .......... 58

Barnstable, model and practice schools in, 7

Bible to be read in the schools, ......... 22

Blind, adult, instruction of, reference to law, ....... 123

Blind, Commission for, may establish schools, reference to law, . . . 123

Blind, education of, by State, in Perkins Institution and Massachusetts School for, 9
Board of Education: —

Act consolidating Board with the Commission on Industrial Education, . 3, 4

Agents and assistants, employment of (see also Agents of the Board), . . 4, 5

Agricultural education in North Adams State Normal School, ... 8

Annual report of, to be sent to chairmen of the school committees, . . 36

Blind and deaf, approval and supervision of education of, and report, . . 9

Boarding houses of normal schools, management vested in, . . . . 7

Board of Health, consultation with, on directions for sight and hearing tests, 90

Bristol County Independent Agricultural School 83-85

Census books, registers, school returns, forms for, prescribed by, ... 5

Certification by, of superintendents of schools in State-aided unions, . . 33

Of teachers in State-aided high schools, 18

Clerical and messenger assistance, ........ 4

Commissioner of Education, appointed by, . . . . . . 3, 4

Duties and powers of .......... 4

Commission on Industrial Education, expiration of, . . . . ; 4

Duties of, conferred on, ......... 3

Continuation schools, etc., to be approved by, ...... 80, 81

Correspondence schools, in relation to, ....... 106

Deaf and blind, approval and supervision of education of, by, ... 9

Deputy commissioners appointed by, ....... 4

Duties and powers of .......... 3

Employment certificates and educational certificates in relation to, . . 61

Essex County Independent Industrial School, 86, 87

Expenditures of, report to be made, ........ 6

Paid from treasury of Commonwealth, . . . . . . 4, 5

Expiration of former Board, . 4

130 INDEX.

Board of Education — Concluded. PAGE

Grants, etc., for educational purposes may be held in trust by, ... 5

Treasurer of the Commonwealth to receive, ..... 5

High schools, approval by, . . . . . . . . .15-18

Incidental or travelling expenses, . . . . . . . 4, 5

Massachusetts School Fund, withheld from towns by request of, in certain

cases, 12

Compliance with law to satisfaction of the Board necessary for receipt of, 13

Massachusetts Teachers' Association, payment to, subject to approval of, . 10

Medical inspection of schools in relation to, ...... 90

Members of, appointment of, by Governor and Council, .... 3

Model and practice schools established by, . . . . . 7, 8

Normal schools, general management of, vested in, ..... 7

Foreign pupils may be received in, ....... 7

North Adams State Normal School, agricultural department in, may be
provided by, ........

Powers and duties, .......... 3

Private and other educational institutions, blanks for reports to be sent by, . 8

Reports of, to be sent to, ......... 8

Records of doings of, to be open to public inspection, .... 6

Registration of teachers for positions 27

Report of, annual, to be made to the General Court, . . . . . 5, 6

School registers, census books, etc., forms to be prescribed by, . . 36

Annual expenditures for, by, ........ 36

School returns, abstract of, to be contained in report of , . . . 5, 6

Secretary of, duties and powers of, conferred on the commissioner, . 4

Sight and hearing tests, ... . 90

Instruction in best methods to be provided in normal schools, . . 90
Superintendency unions, payment to, certified by,

Dissolution of, consent of the Board required, ..... 30

Formation or readjustment of, by,

Superintendents of schools in, examined by, ..... 33

Teachers' institutes and associations, in relation to, . . . . . 10
Teachers' positions, application for, may be filed with,

List of applicants for, to be printed by, . . . . . . 27

Term of office of 3

Todd normal school fund, income of, to be applied by, .... 14

Training (truant) schools, visitation by, and report by, ... 48

Travelling expenses of, also of agents, etc., . . 4, 5
Trust funds, etc., may be held by, .

Vocational and continuation schools, approval by, for training of teachers, . 79, 80

Classes for training of teachers of, may be established by, ... 80
Vocational education, State-aided, administered and supervised by,

Statement of amount expended to be made annually to General Court, . 78, 79

Boarding houses, normal schools, management of, .... 7
Board of Labor and Industries, State: —

Conference with Board of Education in relation to forms for employment

certificates and educational certificates, .
Duties of, in regard to employment of children,

Powers of, in regard to trades, etc., injurious or dangerous to health of minors, 67-70
School authorities to be notified by, in case of illegal employment of child

under sixteen years, . 70
Books of reference, apparatus, etc., school committee to secure (see also Text-
books, etc.)

INDEX. 131

Books of reference, maps and apparatus, only 25 per cent, of State school fund may

be expended on, .......... 13

Boston, trustees for children of city of, in relation to school attendance, . . -43, -44
Boston Parental School: —

Abolition of, 54, 55

Disciplinary day schools to take place of, . . . . . . . 54, 55

School committee in charge of, ........ 54

Training school for county of Suffolk, ....... 47

Bristol County Independent Agricultural School, ...... 83-85

Buildings, construction of, and inspection; extracts from the law in general (see

also Schoolhouses) , ........ 114-118

Calisthenics, military drill, gymnastics, ........ 28

Census, school, forms for, to be prescribed by the Board, ..... 5

Forms for, to be sent by commissioner to chairmen of school committees, . 36

Items for, to be ascertained by school committees, ..... 36, 37

Certification by the Board, of teachers in State-aided high schools, ... 18

Of superintendents of schools, in unions, ....... 33

Charity, State Board of: —

Opportunity to be heard, in certain cases of habitual absentees, ... 52

Schooling and transportation of children placed by, ..... 43

Visitation of training (truant) schools by, and report, .... 48

Charters, city, in relation to provisions of certain laws, ..... 35

"Child" or "minor," definition of, . ........ 55

Children: —

Admission of, to places of amusement regulated, ..... 73

Admission of, to dance halls, roller-skating rinks, etc., reference to law, . . 123
Concerts, musical exhibitions, etc., special permission of mayor, aldermen or

selectmen, ........... 65, 66

Crippled and deformed, reference to law, ....... 123

Delinquent and wayward, reference to law, ...... 123

Employment of, in general, ......... 55-73

Between fourteen and sixteen years of age, provisions relating to, . . 57
Over fourteen years of age and under sixteen, may be employed in mer-
cantile establishments on Saturday, during certain hours, without

certificate, ........... 57

Physician's certificate to be filed, ....... 58

Under fourteen years of age, restrictions as to places and hours relating to, 56, 57

Examination and diagnosis of, to be made by school physician, . . . 89, 90
Exclusion from school. See Exclusion from Schools.

Exhibition of, public, prohibited, . . . . . . . . 65, 66

Indigent or neglected, care of, ......... 72

Islands, children living on, transportation of, to school, .... 23

Juvenile offenders. See Juvenile offenders; also Truants.

Lunches and meals (free) for, certain provisions relating to, . . . 91

Medical inspection of schools as related to, ...... 88-91

Rights of, in attendance on school, ........ 42

Transportation of pupils to school by street car or elevated railways, half-fare, 24

Vaccination of, required before attendance on school, . . . . 44, 45

City charters, in relation to certain provisions of law, ..... 35

Civil government, public schools may teach, . . 14

132 INDEX.

PAGE

Clarke School for the Deaf, 9

Clerical service of Board, .......... 4

Colleges, degrees, granting of, regulated, . . . . . . . .110

Colleges, duties of instructors in, in relation to instruction of youth, ... 22

Commissioner of Education, appointment of, by Board of Education, . . 3,4

Abstract of school returns, etc., to be made by, . . . • . 4

Annual report of Board, parts of, may be published by, .... 6

Census, forms for, to be sent to chairmen of school committees by, . . 36
Condition and efficiency of public schools, etc., information relating to, to be

distributed by, .......... 4

Duties and powers of, in general, . . . . . . . . 4, 6

Massachusetts School Fund commissioner, . . . . . . 11

Salary of 4

School committees' reports to be sent to, . . . . . . . 38

Teachers' institutes arranged by, ........ 10

Term of office of 4

Travelling expenses provided for, ........ 4

Commissioners of Massachusetts School Fund, . . . . . . 11

Authority of, to withhold town's share of fund, ...... 12

Commissioners of Massachusetts Nautical School, . . . . . . 45, 46

Commission on Industrial Education, expiration of, ...... 4

Act consolidating with Board of Education, . . . . . 3, 4

Member of, appointed on Board, ........ 3

Committees, advisory. See Vocational education, Advisory Committee.

Committees, school. See School committees.

Compensation, school committees 29

Compulsory school attendance. See Attendance upon school.

Concert, festival, musical exhibitions, permission of mayor, aldermen or select-
men for children to take part in, ....... 66

Constitution of Massachusetts, educational provisions of; also Art. XVIII. of

amendments, ..... . .122

Construction of school buildings. See Schoolhouses, Construction of.

Contagious or infectious diseases: —

Attendance on school prohibited on account of , . . . . . . 44, 45

Certificate of board of health or attending physician in certain cases, . . 45

Regulation relating to school children suffering from, ..... 89

School physician in relation to, ....... 89

"Continuation class" or "part-time," definition of, . . 75

Continuation schools, and courses of instruction for working children, in general,

(see also Vocational education) , . 80-82

Attendance of minors on, in school in town of residence, .... 82

Attendance of resident minors on, employed in another city or town, . 81

Board of Education to approve, ..... 81
Certificates may be revoked by superintendent of schools in case of failure of

child to attend, .....

Employment of minor ceases in certain cases of nonattendance on,

Establishment and maintenance of , . . . . . . . . 80-82

Conveyance of school children: —

Boston or Commonwealth to pay in certain cases, ..... 43

Failure to provide, liability, in case of attendance on outside high schools, 17
Half fare for, on street and elevated railways, .

In Bristol County Independent Agricultural School,

In Essex County Independent Agricultural School, ....

INDEX. 133

Conveyance of school children — Concluded. PAGE

High Schools, in other towns, 16, 17, 23

State reimbursement of expenditures for, and method of, . . 16, 17

Industrial schools and evening schools, etc., . . . . . 24

Islands, children living on, Board to furnish transportation for, ... 23

Places other than residence, ......... 43

State wards, placed by Board of Charity, ....... 44

Street and elevated railway companies, half fare, ..... 27

Towns may raise money for, ......... 23

Cooking, public schools may teach, ........ 14

Correspondence schools and other like schools, act of 1914 regulating, . 104-106

Board of Education to establish rules and regulations relating to, . . . 106
Bonds, stocks, etc., sale of, regulated, ...... 104, 105

False representations prohibited, ........ 105

Pupil defrauded may bring action against, ...... 106

Violation of rules or regulations of Board by, penalty, .... 106

County Commissioners: —

In relation to county agricultural schools, . . . . . . 83, 86

In relation to county training schools for truants, ..... 47

County teachers' associations, payment to, by the State, ..... 10

County training (truant schools) . See Training schools for truants.

Courses of studies, in general, ......... 28

High schools, ........... 15

School committees' duties relating to, ....... 28

School committees to prescribe, ........ 28

Subjects, list of, compulsory and permissive, . . . . . . 14, 15

Courts, jurisdiction of. See Jurisdiction of Courts.

Crippled and deformed children, reference to law, . . . . . .123

Deaf and blind persons, education of, provisions for, ..... 9

Degrees by colleges and other institutions of learning, granting of, . . 110, 111

Dental dispensaries for children of school age, authorized, ..... 91

Department of Health, State. See Health, State Department of.

Deputy commissioners of education, appointment, term of office and salaries of, 4
Diplomas from normal schools, school committee may accept, in lieu of examina-
tion of teacher, .......... 25

Diseases. See Contagious or infectious diseases.

Dismissal and suspension of teachers, by school committee, .... 25, 26

Dismissal of superintendents of schools, ........ 26

In superin tendency unions, ......... 31

Dissection and vivisection, regulated, . . . . • . . . 22, 23

Disturbance of school, penalty for, ......... 108

Dog tax may be applied to schools, reference to law, . . . . .123

Dormitories in normal schools, ......... 7

Drug stores, employment of certain minors in, not prohibited, .... 67

Ears and eyes of pupils, tests to be made by teachers, ..... 90

Educational certificates, blanks for, ........ 61

Failure to produce, evidence of illegal employment, ..... 63

Issuance of, in certain cases, ......... 64

134 INDEX.

PAGE

Educational institutions, etc., aided by the State, in relation to Board, . . 8

Educational purposes, grants for, etc., Board of Education may take and hold, . 5

Property for, exempt from taxation, reference to law, .... 124

Employment certificate : —

Accessible to certain authorities, ........ 57

Documents and papers to be filed with, list of , . . . . . . 58, 59

Extra explanatory matter allowed, ....... 61

Duplicate copies, in case of loss, ........ 61

Employer to return to office of superintendent of schools, .... 57

Fees, unlawful, in relation to certificate of age or place of birth of minor, etc., 59, 61

Issuance of, directions relating to, ........ 57-59

Refusal to produce, effect of, ......... 63

Employment of children, in general, ........ 55-73

Extraordinary emergency or extraordinary public requirement, regulated, . 69, 70
Illegal employment, minors under twenty-one years of age, apprehension by

attendance officer, ......... 63

Minors between sixteen and twenty-one years of age, . . . . 64, 65

Street trades, 69

Violation of laws relating to, penalties for, ...... 62

Employment of women and children, in general, . . . . . . 55-73

English language, private schools approved when studies required by law are in the, 41

Essex County Independent Agricultural School, ...... 85-88

Ethics in public school, ........... 14

"Evening class," in an industrial, etc., school, definition of , .... 75

Evening classes in practical arts for women, ....... 79

Evening lectures, free, school committees may provide, ..... 20

Evening schools, in general, . . . . . . . . . . 19, 20

High schools, certain cities to maintain, ....... 20

Illiterate minors between sixteen and twenty-one years of age must attend, . 64, 65

Absence of, excused in certain cases, ....... 65

Maintenance of, required in certain cities and towns, .... 19

Payment of fee for instruction in, . . . . . . . 20

School committee has charge of ......... 24

Subjects to be taught in . .19, 20

Examination and selection of teachers by the school committee, . . . 24, 25
Examination of superintendents of schools for superintendency unions,

Examination of teachers by Board of Education in State-aided high schools, . . 18

Exclusion from schools, ........ . 44, 45

Damages for unlawful 45

Infectious or contagious diseases necessitate, . . . . . 44, 45, 89
Pupil not to be excluded without a hearing,

Reasons to be given for,

Exhibitions of children in public, prohibited and regulated, . . . 65, 66
Exhibitions of public school work, school committees may provide for, .
Eyes and ears of pupils, tests to be made by teachers, ....

Factories, workshops and mercantile establishments, etc., attendance officers may

visit 62

"Factory," definition of, ....... 55

Fares of school children on street and elevated railways, .

Fees, unla wful in case of issuance of certificate of age or place of birth, etc., . . 59,61

INDEX. 135

PAGE

Feeble-minded, Massachusetts School for, reference to law, .... 123

Female assistance in schools having an average of 50 pupils, . . . . 21
Fines, etc. See Penalties.

Fire escapes, etc., in connection with schoolhouses, ..... 114-117

First aid, surgical remedies, public schools may teach, ..... 15

Fitchburg, model and practice schools in, ....... 7

Flag Day, national flag, observance of, 109

Flag, United States schoolhouses, display of ........ 34

Penalty for failure, .......... 34

Foreign countries and other States, pupils from, may attend normal schools under

certain conditions, ......... 7

Free evening lectures, school committee may provide for, ..... 20

Free meals for school children, cities or towns may allow, 91

Free Public Library Commission may appoint agent for educational work among

aliens, 109, 110

Free text-books. See Text-books.
Funds: —

Grants, trust funds, etc., for educational purposes, 5

Massachusetts School fund, . . . . . . . . .11-13

Retirement system for teachers 95-100, 103

School funds, etc., of corporations, . . . . . . . . 34, 35

Todd Fund, for normal schools, ........ 14

Good behavior, teachers to give instruction in, . ... . . 14

Grants for educational purposes, Board may hold, etc., in trust, ... 5

Board to pay over to Treasurer of Commonwealth, ..... 5

Gymnastics, military drill, calisthenics, ........ 29

Habitual school offenders, absentees, truants, etc., disposition of, ... 48-51

Half fare, conveyance of school children on street and elevated railways, . . 27
Health, boards of, district and other nurses, may be employed by, through the

selectmen, ........... 91

Medical inspection of schools in relation to, ...... 88)

Health, State Department of, consultation with Board of Education in regard to

directions for sight and hearing tests, ...... 90

Examination of school buildings by, . . . . . . .118

Hearing and sight tests by school teachers, ....... 90

Heating and ventilating of schoolhouses, 115-118

High schools, in general, .......... 15-18

Board of Education, approval of, in certain cases, . . . . . 15, 18

Cities and towns required to keep, ....... 15

Courses of study, one or more, at least four years, . . . . . 15

Districts, union, .......... 18, 19

Evening high schools, certain cities to maintain, ..... 20

Outside high schools, payment of tuition in, and transportation to, . . 16
School committee liable to action of contract for refusal to approve attend-
ance on outside high school, ........ 16

State-aided, in small towns, ......... 16-18

Certification of teachers in, . . 18

136 INDEX.

High schools — Concluded. PAGE

Subjects required to be taught in, ........ 15

Time of keeping, forty weeks, ......... 15

Tuition payments in outside high schools and State reimbursement of, . 16

Transportation of pupils to outside high schools, and State reimbursement of, 16, 17

Union districts for, towns may vote for, . . . . . . . 18, 19

Holidays, legal in Massachusetts, ......... 109

Horace Mann School for the Deaf, ........ 9

Hours of employment to be posted in certain cases, ...... 69

"Household arts education," and "household arts school," definitions of, . . 75

Hygiene and physiology, to be taught in public schools, special instruction, . 14
Hygiene, school. See Medical inspection of schools.

Idleness and ignorance, children growing up in, may be committed to county

training schools, .......... 48

Illiterate minors, between sixteen and twenty-one years of age, must attend

evening school, .......... 64, 65

Incidental and travelling expenses of the Board, how paid, . . . . 4, 5

"Independent agricultural school," definition of, ...... 75

Independent Agricultural School of Bristol County, ...... 83-85

Independent Agricultural School of Essex County, ...... 85-88

"Independent household arts," and "independent household arts school," defini-
tion of, ........... 75

"Independent, industrial, agricultural or household arts school," definition of, . 75
Independent industrial schools. See Vocational education, State-aided.

Indigent and neglected children, attendance officer, duties relating to, . . 72

Industrial Education, Commission on, act consolidating with Board of Education, . 3, 4

"Industrial education," definition of, ........ 74

Industrial education or manual training, not interfered with by school attendance

laws, or employment laws, ........ 52, 72

Industrial schools for boys, commitments to, . . . . . . . 51

Industrial school for boys, reform, reference to laws, ..... 123

Industrial school for girls, commitments to, ....... 51

Industrial schools, independent. See Vocational education, State-aided.

Industries, minors prohibited from working in certain, ..... 66-69

Industries, Labor and. See Board of Labor and Industries, State.

Infectious or contagious disease. See Contagious or infectious diseases.

Injured, first aid to, and surgical remedies, may be taught in public schools, . 15

Institutes for teachers, and associations, ....... 10

Islands, children living on, transportation of, to school, Board to provide, . . 23

Joint committee, in superintendency unions, . . . . . . . 30, 31

Jurisdiction of courts, as to: —

Absentees, truants and school offenders, . . . . . . . 51, 52

Employment of minors, ....... . . 64, 71

Teachers' retirement association, ........ 102

Juvenile offenders, reference to law, . . . . . . . .123

Kindergarten training, public schools may give instruction in, .... 14

INDEX. 137

Labor and Industries, State Board of. See Board of Labor and Industries. PAGB

Land for schoolhouses, taking of, ......... 34

Land, taking of, for school purposes, reference to law, ..... 123

Lectures, free evening, may be provided by school committee, .... 20

Legal holidays in Massachusetts, ......... 109

Length of school term, number of days or half days, to one month, ... 38

Licenses, or badges, for minors to engage in certain occupations, ... 68

Licenses to be refused for public shows, under certain conditions, ... 66

Liquor license, affected by distance from school buildings, reference to law, . 123

Lowell, model and practice school in, . . . . . . . . . 7

Lunches or meals, free, for school children, cities or towns may allow, . . 91

Lyman Industrial School for Boys, commitments to, ..... 51

Manual training and industrial education, not interfered with by certain laws, . 52, 72

Manual training, certain towns and cities to maintain teaching of, . . . 19

" Manufacturing establishment," definition of , ...... 56

Massachusetts Agricultural College, education in, free to residents of Massa-
chusetts, ........... 88

May establish normal department, ........ 74

Massachusetts Institute of Technology, State scholarships in, . . . 112-114

Massachusetts School Fund, in general, . . . . . . . . 11-13

Annual payment to, provisions of, . . . . . . . . 11

Application of, ........... 13

Board of Education in relation to, . . . . . . . . 12, 13

Books of reference, maps, etc., purchase of, ...... 13

Commissioner of Education in relation to, . . . . . . H

Commissioners of, to manage and report, ....... 11

Conditions of receipt of, towns must comply with, ..... 13

Dates of apportionment and payment of income of, ..... 12

Distribution of, . . . . . . . . . 11, 12, 13

Forfeiture of, in certain cases, . . . . . . . . . 12, 39

Penalty on school committee in case of, ...... 39

Income only to be used, .......... n

Report to be made, by school committees, ...... 12

School committees must not use for their own compensation, . . . 13

Towns must comply with conditions, in order to receive, .... 13

Town treasurers to keep separate account of, . . . . . 12

Use of, by towns, report of, to be made to Board, ..... 12

Massachusetts Teachers' Association, ........ 10

Meals or lunches, free, for school children, cities and towns may provide, . . 91

"Mechanical establishment," definition of, ....... 56

Medical inspection of schools, in general, ....... 88-91

Contagious or infectious disease, regulations relating to, .... 89

Examination and inspection of children by school physicians, . . .89, 90

Expenditures for, by the Board, sum allowed, ...... 90, 91

School physician, appointment of ......... 88

Duties of, 89, 90

Membership of schools, how reckoned, ... 40

138 INDEX.

PAGE

Memorial Day, 30th of May, devoted to patriotic exercises, .... 22

Mental condition, as affecting employment of minors, ..... 60

As affecting attendance on school, ........ 41

"Mercantile establishment," definition of, ....... 56

Messengers, employment of, regulated, ........ 68

Military drill, gymnastics, calisthenics, in school, . . . . . . 28

"Minor" or "child," definition of, ......... 55

Minors, employment of, in general, ........ 55-73

Badges for, in certain cases, ....... 68, 69, 72, 73

Employment of, ceases in certain cases of nonattendance on continuation

school, ........... 82

Regulated under eighteen years of age, ...... 67

Regulated under sixteen years of age, . . . . . . 66,67

Regulated under twenty-one years of age, ...... 68

Licensing of, in cities, by school committees, ...... 72, 73

Model and practice schools, establishment of, etc., and agreement in writing, . 7, 8

Month, school, time reckoned as, in school returns, ...... 38

Moral instruction; duty of instructors in colleges, academies, etc., ... 22

Morals, printed matter tending to corrupt, penalty for distributing, etc., . . 108

Narcotics, stimulants, etc., effect of, on human system, to be taught, . . 14
Nautical schools, boys attending, may be exempt from attendance on other

schools 21

Towns may establish and maintain, at the election of the school committee, . 21

Nautical Training School, change of name to Massachusetts Nautical School, . 46

Commissioners of, etc., .......... 45, 46

Expense, etc., of maintaining, ......... 46

United States vessels, .......... 46

Newspapers, etc., in relation to employment of minors, . . . . 68

Normal schools: —

Accounts of, auditor of Commonwealth to direct, ..... 7

Board of Education has management of ........ 7

Diplomas of, may be accepted by school committee in place of examination

of teachers, ........... 25

Foreign countries and other States, pupils from, may attend, under certain

conditions, ........... 7

Model and practice schools, establishment of, etc., . . . . . 7, 8

Todd fund for 14

North Adams, model and practice school in, ....... 7

North Adams State Normal School; agricultural department in, ... 8

Nurses, district and other, employment of, ....... 91

Occupations forbidden to certain minors and persons under twenty-one years of

age, 66-68

Offenders — habitual school, absentees, truants, etc., disposition of, . . . 48-51

Organizations (athletic) of school pupils, authority of school committee over, . 21

INDEX. 139

Parental school, Boston. See Boston Parental School. ~PAOE

"Part-time, or continuation class," definition of, ...... 75

Patriotic exercises, 30th of May devoted to, in public schools, .... 22

Penalties, fines and forfeitures: —

Attendance officer, delaying or hindering work of, ..... 70

Attendance officer, truant officer, etc., violating provisions of law in relation

to employment of children or issuance of badges, . . . . 71

Attendance officer, violation of law by, ....... 63

Continuation school; employers' liability in case of nonattendance of child, 82
Correspondence schools, violation of law relating to, . . . . 105, 106

Employment ticket, wrongfully retained by a corporation or other employer, 63

Exhibition or public performance of children, ...... 66

Failure to display United States flag on schoolhouses, . . ' . . 34

Inducing child to absent himself, unlawfully, from school, .... 42

Minors, employment of, in cities under license by school committee. . . 73

Illegal employment of, in general, . . . . . . . 70, 71

Or permission for, by parent or guardian, ...... 65

Inducing or attempting to induce a minor from attending evening school, . 65

Neglect of towns to provide sufficient and suitable schoolhouses, . . . 33, 34

Parents, guardians, etc., who permit minor to work in violation of law, . 71

Printed matter, unfit, distribution of, etc., ...... 108

School committee, in case of neglect of order of inspector, . . . . 118

Scboolhouses, fire escapes, etc., ........ 117

Schools, wilful disturbance of 108

Schools, wilful injury of 108

Vivisection and dissection, violation of law relating to, .... 23
Pensions for teachers. See Retirement system for public school teachers.
Perkins Institution and Massachusetts School for the Blind, instruction of pupils

in 9

Physical or mental condition, capable of correction, in relation to school attend-
ance, 42, 65

Physician's certificate to be filed before employment certificate is issued, . . 58
Physician's certificate, in relation to vaccination and contagious or infectious

diseases, ........... 44, 45

Physician, school, appointment and duties of, . . . . . . . 88, 89

Physiology and hygiene, special instruction in, as to effect of alcoholic drinks, etc., . 14

Political rights of teachers not to be restricted, certain regulations imposed, 26

Positions for teachers, registration of, in office of Board, ..... 27

Practical arts, classes (evening) for women, ....... 79

Printed matter, unfit, distribution of, etc., penalty for, ..... 108

Private and other educational institutions, in relation to the Board, ... 8

Private or sectarian schools, money raised by taxation, not applicable to, . . 122

Private schools, approval of, by school committee, under certain conditions, . 41

Public schools, in general, .......... 14-35

Bible to be read in, daily, ......... 22

Disturbance of, penalty for, ......... 108

Evening schools. See Evening schools.

Exhibition of work of, school committee may provide, .... 21

High schools. See High schools.

School committee has general charge and superintendence of, also of industrial

schools and evening schools, ........ 24

140 INDEX.

Public schools — Concluded. PAGES

Subjects, obligatory and permissive, taught in, ...... 14

Support of. See Support of schools.

Teachers. See Teachers.

Time of keeping, 14, 15

Railways, street or elevated, in relation to transportation of pupils, ... 24

Registeis, school. See School registers.

Release of truants, etc., or permits to be at liberty, . . . . . . 49, 51

Religious teaching in private schools not a bar to approval, . . . . 41

Reports of Board, annual, to be made to General Court, . . . . 5, 6

Retirement system for public school teachers : —

Allowances, retirement, payment of, ....... 96, 97

Assessment and creation of funds for, ....... 95, 96

Assessment, rate of, .......... 95, 96

Association, Teachers' Retirement, organization of, ..... 93

Board of trustees, duties of, in relation to, ...... 99, 100

Boston teachers, in relation to, ........ 103

Cities and towns authorized to establish pension funds for, . . . 103

Creation of funds for, and assessments, ....... 95, 96

Custody and investment of funds of, ....... 100

Definition of words and phrases, ........ 92, 93

Establishment of, 93

Funds, creation of, expense, annuity, assessment, . . . . . 95, 96

Jurisdiction of court, .......... 102

Membership in other associations, . . . . . . . 100, 101

Referendum and repeal, .......... 102

Reimbursement of cities and towns by the Commonwealth on account of, 101, 102

School committee in relation to, duties of, ...... 99

State Teachers' Retirement Board, . . . . . . . 93-95

Taxation, attachments and assignments, ....... 98

Withdrawal and reinstatement, ........ 97, 98

Returns of private and other educational institutions, ..... 8

Returns, school. See School returns.

Sanitation, schoolhouse, . . . . . . . . . .118

Savings banks, authorized to receive deposits from school children, . . 106, 107

Scholarships, State, Massachusetts Institute of Technology, . . . 112-114

Worcester Polytechnic Institute, . . . . . . . Ill, 112

School attendance. See Attendance on school.

School census. See Census, school.

School, savings banks, 106, 107

School committees: —

Board of Labor and Industries to furnish forms for employment and educa-
tion certificates, etc., to, ........ 61

Compensation of, ........... 29

Massachusetts School Fund must not be used for, .... 13

Dismissal and suspension of teachers and superintendents by, . . . 25, 26
Duties and powers of, in general, ........ 24-39

Duties of, in relation to medical inspection of schools, .... 88-90

INDEX. 141

School committees — Concluded. PAGE

Duties of, in relation to retirement system for teachers, .... 99

Election of, in general, 119-122

Evening schools, requirements relating to, ...... 19, 20

Evening schools, in charge of, .... .... 24

Exclusion from school by, not without giving pupil a hearing, ... 45

Exhibition of public school work may be given by, . . . . . 21

Failure to elect, or to fill vacancy on, proceedings in case of, ... 121

Forfeiture in case of neglect to choose, ....... 23

To whom paid, 23

Free evening lectures may be provided by, ...... 20

Industrial, public and evening, and evening high schools, in charge of, . 24

Ineligible to certain positions, ......... 29

Joint committees, in superintendency unions, ...... 30, 31

Licensing of minors to engage in certain occupations, . . . 68, 69, 72, 73

Massachusetts School Fund, report on, to be made to the Board, . . 12

Medical inspection of school children, duties in regard to, . . . . 88-90

Nautical schools, towns may establish and maintain, at the election of, . 21

Number on, increase in and method of, ....... 120

Organizations (athletic) of pupils may be supervised and controlled by, . 21

Oath of office of 121

Penalty on. for forfeiture of school fund, ....... 39

Penalty on, in case of neglect of order of inspector, . . . . .118

Private schools, approval of, by, under certain conditions, .... 41

Public schools under general charge and supervision of, .... 24

Removal from town, vacates office of, ....... 122

Report of, to be sent to the commissioner, . ... . . . 38

Failure to send to the commissioner, penalty for, . . . . 38, 39

School books favoring the tenets of any particular religious sect must not be

purchased by, .......... 22

Schoolhouses, suitable place for, to be secured by, ..... 34

Under charge and superintendence of, unless town otherwise directs, . 34

School physician to be appointed by, ....... 88

Secretary of, must be appointed, ........ 24

Duties of, 24

Sports, plays, games, money for, may be expended by, .... 21

Superintendent of schools as executive officer of, ..... 33

Teachers' salaries, decrease, ......... 26

Teachers, selection and examination of, in charge of, 24, 25

Tenure of office of teachers and superintendents, ..... 25, 26

Term of office of, in cities, commencement of, ...... 24

Text-books and supplies, purchased by, ...."... 28

Vacancy on, ............ 121

Vacation schools may be established by, . . . . . . . 21

Visitation of schools by, in case of no superintendent, .... 27, 28

Women, eligible to serve on, ......... 120

Nomination papers for candidates for, may be signed by, . . . 119

Right of, to vote lor members, . . . . . . . .119

Voting for school committee, ........ 121

School fui)ds. See Funds.

" Schoolhouse," definition of , .......... 118

Schoolhouses: —

Construction of, in general, ........ 114-118

Examination of, by State Department of Health, . . . . . 118

142 INDEX.

Schoolhouses — Concluded. PAGE
Fire escapes, extinguishers, etc., ....... 114-116

Flag, United States, on, display of, ........ 34

Halls or rooms in, use of, for other than school purposes, .... 35

Heating and ventilating, , 115-117

Injury to, punishment for, ......... 108

Land, taking of, for school purposes, reference to law, .... 123

Location of, . . . . . . . . ... . . 34

Plans and specifications, . . . . . . . . . 115, 116

Sanitation of, ........... 118

School committee, unless town otherwise directs, has general charge and

superintendence of .......... 34

Towns must maintain sufficient number, etc. ...... 33

Usefulness of, promotion of, ......... 35

School hygiene. See Medical inspection of schools.

School nurse. See Nurses, district and other.

School physician, appointment of, duties of, ....... 88, 89

In relation to employment certificates, ....... 58, 59

School property, usefulness of, promotion of ........ 35

School registers, school committee to cause, to be faithfully kept, ... 38

Teachers to faithfully keep 39, 40

School registers and returns in general, ........ 36-40

School returns, abstract of, etc., to be made by the commissioner, ... 4

Annual report of the Board to contain printed abstract of, . . . . 5

Certificate, form of, 37, 38

Failure to make, ........... 39

Irregular or incorrect, .......... 39

Penalty for failure to send to commissioner, ...... 39

Schools. See Public schools.

School supplies and free text-books, school committee's duties relating thereto, . 28

Secretary of the Board, duties of, conferred on the Commissioner of Education

(see Commissioner of Education), ....... 4

Sectarian or private schools, money raised by taxation not applicable to, . . 122

Shirley, Industrial School for Boys, commitments to, ..... 51

Sight and hearing tests in public schools, ....... 90

Sports, plays and games, money may be expended for, by school committee, . 21

State-aided vocational education. See Vocational education, State-aided.

State Board of Health. See Health, State Department of.

State Board of Labor and Industries. See Board of Labor and Industries.

State Industrial School for Girls, commitments to, of vicious inmates of county

training schools, .......... 51

State scholarships, 111-114

State Teachers' Retirement Board, management of retirement system, vested in, 93-95

Street trades, employment of minors in, . . . . . . . . 68, 69

Badges and hours, ............ 69

Subjects to be taught in public schools, permissive and obligatory, . . . 14, 15

In evening schools, . . . . . . . . . 19, 20

Suffolk School for Boys, commitment to, ....... 54

Summonses, warrants, jurisdiction, in case of truants, etc., .... 51, 52

Superintendency unions of towns aided by the State, ..... 30-33

Dissolution of, regulated, ......... 30, 31

Formation or readjustment of, by the Board, ...... 33

High schools in, ........... 15

Payment to, by the Commonwealth, . . . . . . . 31, 32

INDEX. 143

Superintendency unions of towns aided by the State — Concluded. PAGE

Permanency of, and representation of towns on joint committees, . . 30

Qualifications of superintendents in, determined by the Board, ... 33

Tenure of office of superintendents in, . . . 31

Towns, exceeding certain valuation, admitted to, ..... 32
Valuation of towns, effect of increase, .......

Superintendent of schools, appointment and duties of, .... 29, 30, 33

Certificates may be revoked by, in case of failure of child to attend continu-
ation school, .........

Dismissal or suspension of, by school committees, ..... 26

District superintendents, ....... 30

Duties and powers of, . .

As executive officer of school committee, ...... 33

Courses of study, teachers and text-books to be recommended by, . . 33

Employment certificates issued by, or by person authorized by, ... 57
Qualifications of, in unions, determined by Board, .....

Tenure of office, 25

In superintendency unions, ........ 31

Union superintendents. See Superintendency unions.

Support of schools: —

Estate or funds given for, management of, ...... 34, 35

Items included in, ........... 37

Money appropriated at town meeting for, reference to law, . . . 122

Taxation for, money raised by, not applicable to private or sectarian schools, 122
Towns shall raise by taxation money for, .......

Forfeiture of certain amount of money if town refuses to raise money for, 23

Surgical remedies and first aid to the injured, may be taught in public schools, . 15

Suspension from school. See Exclusion from school.

Taxation, money raised by, not applicable to private or sectarian schools, . 122

Towns shall raise money by, for support of schools, ..... 23

Teachers: —

Certificate for, to be obtained from school committee, .... 25

Dismissal and suspension of, by school committee, . • . . . . 25, 26

Ears and eyes of pupils to be tested by, .... 90

Examination and selection of, vested in school committee, . . . . 24, 25

Female assistants in schools having an average of fifty pupils, . . 21

Political rights of, not to be restricted by school committee, ... 26

Positions for, obtained through registration in office of Board, . . . ' 27

Qualifications of, 4, 25

Retirement system for. See Retirement system for public school teachers.

School registers to be faithfully kept by 39, 40

Subjects to be taught by, 14, 15

Superintendents of schools to recommend, to school committees, ... 33

Tenure of office, . 25, 26

Vocational education, classes for, training of teachers of, . . . . 79, 80

Teachers' Association, Massachusetts, ........ 10

Teachers' institutes and associations, ........ 10

Teeth, care of. See Dental dispensaries.

Telegraph or telephone company in relation to employment of minors, . . 68

144 INDEX.

PAGE

Temperance instruction in public schools, ....... 14

Tenure of office of teachers and school superintendents, . . . . . 25, 26

Tenure of office of superintendents of schools in superintendency unions, . . 31

Text-books and courses of study, ......... 28

Text-books and school supplies, free, school committee's duty relating to, . . 28, 29
Text-books: —

Changes in, votes of school committee required, ..... 29

Distribution of, care and custody of, regulated by school committee, . . 28

Pupils may purchase, from city or town under certain conditions, . . 28, 29
School books or articles of school supply, publication or sale of, by agents of

the Board prohibited, ......... 5

Superintendents of schools to recommend, to the school committee, . . 33

Textile schools, reference to law, ......... 122

Theatres, places of public amusement, etc. , may be visited by attendance officer, . 62

Theatrical performances or public shows, licenses regulated, in regard to children, 65, 66
Thrift, subject of, to be taught in public schools (see also Savings banks) , . .14, 15

Todd normal school fund, .......... 14

Towels, use of common, reference to law, ....... 122

Town treasurers, Massachusetts School Fund, separate account of, must be kept by, 12

Trades, street, regulations relating to, ........ 68

Training schools (for truants), county: —

County commissioners in relation to establishment and management of, . 47

Support of inmates of, ......... 49

Truant schools, names changed to, ........ 53

Visitation of, and report on, by Board of Education and Board of Charity, . 48
Transportation of school children. See Conveyance of school children.
Travelling expenses of the Board, agents, etc., . . . . . .4,5

Treasurer and Receiver-General of the Commonwealth to receive, etc., moneys

payable to the Board on account of model and practice schools, . . 7, 8

Grants or gifts to Board, to be received by, ..... 5

Treasurers, town. See Town treasurers.
Truant officers. See Attendance officers.

Truants, school offenders, etc., in general, .... . 47-55

Discharge, parole, etc., .......... 50

Habitual, commitment of, ....... 48

Permits to be at liberty, also releases, . . . . . . 49, 51

Probation of, 49

Schools for. See Training schools, county.

Temporary release of, in case of death or illness in family, ... 51

Tuberculosis and its prevention, to be taught as regular branch, ... 14

Tuition, expenditures in outside high schools, State reimbursement of, . . 16, 17

Union high school districts, ...... . 18, 19

Union schools, two or more towns may vote to establish, ..... 19

United States Bureau of Education, reference to,

United States flag, observance, by Flag Day, of adoption of, . . . . 109

United States flag, display on schoolhouses, .....

Penalty for failure, . .

INDEX. 145

PAGE

Vacation schools, school committee may establish, . ... 21

Vaccination of children, .......... 44, 45

Ventilation and heating of schoolhouses, ....... 115-118

Vicious inmates of county training schools, disposition of, . . . . 51

Visitation of schools by school committees in case of no superintendent, . . 27, 28

Vivisection and dissection, regulated, . . . . . . . . 22, 23

Vocational education, State-aided, in general (see also Agricultural education; and

Continuation schools), ......... 74-88

Administration and control of, by local authorities, ..... 76, 77

Administration and supervision of, by the Board, ..... 75, 76

Advisory committees, .......... 77

Boards of trustees, district 76, 77

Definition of terms and phrases used in connection with, .... 74, 75

Non-resident pupils, . . . . . . . . . .77

Practical arts, evening classes in, for women, ...... 79

Reimbursement, State, to cities and towns on account of, . . . . 77-79

Repeal section of law relating to, . . . . . . . 79

Teachers of, training of, 79, 80

Transportation of pupils, ......... 79

Warrants, summonses, jurisdiction in case of truants, etc., . . . . 51, 52

Women and children, employment of, in general, ...... 55-73

Women, classes (evening) in practical arts for, ...... 79

Women, may serve as attendance officers, ....... 52

Women on school committees, election of, etc., . . . . . 119, 120

Worcester Polytechnic Institute, State scholarships in, . . . Ill, 112

Working children, establishment and maintenance of continuation schools and

courses for, 80-82

"Workshop," definition of, ...... 56

< 30 191$

THE COMMONWEALTH OF MASSACHUSETTS
BULLETIN OF THE BOAREHJF EDUCATION

1915, NUMBER 11 WHOLE NUMBER. 48

EDUCATIONAL LEGISLATION

OF 1915

ISSUED BY

SEPTEMBER 1, 1915

BOSTON

WRIGHT & POTTER PRINTING CO., STATE PRINTERS

32 DERNE STREET

1915

APPROVED BY
THE STATE BOARD OF PUBLICATION.

EDUCATIONAL LEGISLATION

ENACTED BY THE GENERAL COURT IN 1915.

CONTENT.

This pamphlet contains legislation relating to public education
enacted by the General Court during the session of 1915. Resolves
appropriating money for specific purposes or to meet annual ex-
penditures and special acts relating to specific communities or
institutions are omitted. The legislation is grouped as follows: —

PAGE

PART I. Legislation conferring powers and duties on the Board of

Education : —
New buildings for the Independent Agricultural School of the

County of Essex, 4

Department of University Extension, and Correspondence Courses

of Education, 5

PART II. Legislation of general import to the public schools: —
Powers of cities and towns in respect to playgrounds and physical

education, 7

Records of local boards of health on diseases declared by the State

Department of Health to be dangerous to the public health, . 8
Penalty for altering employment certificates, . . . .

School attendance of minors, 9

School attendance and employment of minors, .... 10

Annual returns of school statistics, 11

Transfer cards for public school pupils changing their residence, . 12
County of Hampden to erect buildings for a county training

school, 12

Establishment and maintenance of an independent agricultural

school in the county of Norfolk, 13

Retirement system for public school teachers, 15

Retirement system for the employees of the Commonwealth, . 16
Independent vocational school in the county of Hampshire, . . 17

Admission to the bar of attorneys at law, 20

Establishment and maintenance of day and evening classes in

practical arts for women, . ' 21

PART I. — LEGISLATION CONFERRING POWERS AND
DUTIES ON THE BOARD OF EDUCATION.

GENERAL ACTS OF 1915.

•

CHAPTER 247.

An Act to provide for New Buildings for the Independent Agricultural
School of the County of Essex.

SECTION 1. The trustees of the Independent Agricultural School of the
county of Essex are hereby authorized, subject to the approval of the board
of education, to expend a sum not exceeding one hundred thousand dollars
to be provided by the county of Essex for the purpose of erecting and
equipping a school building or buildings for the said school.

SECTION 2. For the purposes aforesaid the county commissioners of
the county of Essex are hereby authorized to borrow from time to time
upon the credit of the county a sum not exceeding one hundred thousand
dollars in the aggregate and to issue the bonds or notes of the county there-
for. Said bonds or notes shall be payable in such annual payments, be-
ginning not more than one year after the date of each loan, as will extin-
guish each loan within twenty years from its date, and the amount of such
annual payment of any loan in any year shall not be less than the amount
of the principal of the loan payable in any subsequent year. Each author-
ized issue of bonds or notes shall constitute a separate loan. The said bonds
or notes shall bear interest at a rate not exceeding five per cent per annum,
payable semi-annually, and shall be signed by the treasurer of the county
and countersigned by a majority of the county commissioners. The county
may sell the said securities at public or private sale, on such terms and
conditions as the county commissioners may deem proper, but they shall
not be sold for less than their par value, and the proceeds shall be used
only for the purposes herein specified and shall be paid to the trustees of
the said school by the treasurer of the county upon their requisitions.

SECTION 3. The county commissioners, at the time of authorizing the
said loan, shall provide for the payment thereof in accordance with section
two of this act; and a sum sufficient to pay the interest as it accrues on the
bonds or notes issued as aforesaid by the county, and to make such pay-
ments on the principal as may be required under the provisions of this act,
shall be levied as a part of the county tax of the county of Essex annually
thereafter, in the same manner in which other taxes are levied, until the
debt incurred by said loan or loans is extinguished. [Approved May 11,
1915.

CHAPTER 294.

An Act to establish a Department of University Extension and to provide
for Correspondence Courses of Education.

SECTION 1. There is hereby established a department of university
extension to be under the direction and control of the board of education.
The head of said department shall be appointed by the board of education,
with the approval of the governor and council, and his salary shall be fixed
by the board with the approval of the governor and council. He may be
removed at any time by the said board of education.

SECTION 2. The said department of university extension is hereby
authorized to co-operate with existing institutions of learning in the estab-
lishment and conduct of university extension and correspondence courses;
to supervise the administration of all extension and correspondence courses
which are supported in whole or in part by state revenues; and also, where
that is deemed advisable, to establish and conduct university extension
and correspondence courses for the benefit of residents of Massachusetts:
provided, that nothing in this act shall be construed as giving to the said
department or to the board of education the control or direction of exten-
sion and correspondence courses in agriculture or in subjects directly related
thereto when these are administered under the direction of the Massachu-
setts Agricultural College. The said department, subject to the approval
of the board of education, may employ such agents, lecturers, instructors,
assistants and clerks, for whole or part time, as may be necessary for proper
compliance with the provisions of this act. With the approval of the
governor and council and of the board of education, it may rent suitable
offices for the conduct of its work.

SECTION 3. The said department for the purposes of such university
extension or correspondence courses, may, with the consent of the proper
city or town officials or school committees, use the school buildings or
other public buildings and grounds of any city or town within the com-
monwealth, and may also use normal school buildings and grounds and,
with the consent of the boards or commission in charge of the same, such
other school buildings as are owned or controlled by the commonwealth.
City and town officials and committees are hereby authorized to allow the
use of buildings and grounds under their charge by the department of
university extension for the purposes of university extension or corre-
spondence courses, subject to the rules and regulations which such officials
or committees may establish: provided, however, that such use shall not
interfere or be inconsistent with the use of said buildings and grounds by
the public schools of the city or town. The said department may also ar-
range for the use of such other buildings, grounds, and facilities as may
prove to be necessary for the conduct of its work, and may expend in rent
therefor such sums as may from time to time be necessary.

SECTION 4. The department of university extension is empowered to
appoint a state advisory council and also local advisory councils on uni-
versity extension and correspondence courses, the functions of which shall
be defined by the rules and regulations of the board of education.

SECTION 5. The board of education shall submit to the general court,
on or before the third Wednesday of January of each year, a detailed re-
port of the doings and expenditures of the said department for the year
closing on the first day of the previous July.

SECTION 6. The said department is authorized to grant to students
completing courses of instruction provided for under this act suitable cer-
tificates as evidence of proficiency, in accordance with rules and regula-
tions to be established by the board of education.

SECTION 7. The department of university extension, for the purposes
of complying with the provisions of this act, may be allowed for the salary
of its head, agents, lecturers, instructors, assistants, clerks and other serv-
ice, and for travel and other necessary expenses of these officers, incurred
in the performance of their official duties under this act, such sums as shall
be appropriated annually by the general court, payable out of the treasury
of the commonwealth.

SECTION 8. There may be expended under the direction of the board
of education in carrying out the provisions of this act for the year nineteen
hundred and fifteen, a sum not exceeding twenty-five thousand dollars.

SECTION 9. This act shall take effect upon its passage. [Approved
May 28, 1915.

PART II. — LEGISLATION OF GENERAL IMPORT TO
SCHOOL AUTHORITIES.

GENERAL ACTS OF 1915.

CHAPTER 25.

An Act relative to the Powers of Cities and Towns in Respect to Play-
grounds and Physical Education.

SECTION 1. Section nineteen of chapter twenty-eight of the Revised
Laws, as amended by section one of chapter five hundred and eight of the
acts of the year nineteen hundred and ten, is hereby further amended by
inserting after the word "city", in the sixth line, the words: — or town,
— by inserting after the word "education", in the eighth line, the words:
—-and may construct and maintain buildings therefor on any public play-
ground owned by the city or town in fee or on any other land suitable for
the purpose owned by the city or town in fee, and such a building may also
be used for town meetings, and, subject to the conditions and terms pre-
scribed by the board controlling the building, may be used for such other
public or social or educational purposes as the board may deem wise:
provided, however, that such other public, social or educational uses shall
not interfere with its regular use as a gymnasium, by striking out the
words "this purpose", in the said eighth line, and by inserting in place
thereof the words : — these purposes, and by inserting after the word
"them", in the seventeenth line, the words: — or any one or more mem-
bers of all or any two of these boards, — so as to read as follows : — Sec-
tion 19. Any city or town may acquire land within the municipal limits,
in fee or otherwise, by gift, purchase, or by the right of eminent domain,
or may lease the same, and prepare, equip and maintain it, or any other
land belonging to the city or town and suitable for the purpose, as a public
playground; and may conduct and promote thereon play, sport and phys-
ical education, and may construct and maintain buildings therefor on any
public playground owned by the city or town in fee or on any other land
suitable for the purpose owned by the city or town in fee, and such a build-
ing may also be used for town meetings, and, subject to the conditions
and terms prescribed by the board controlling the building, may be used
for such other public or social or educational purposes as the board may
deem wise: provided, however, that such other public, social or educa-
tional uses shall not interfere with its regular use as a gymnasium; and for
these purposes may appropriate money and may employ such teachers,
supervisors and other officials as it deems best, and may determine their

compensation. Except in the city of Boston and except as to making ap-
propriations, the above powers shall be exercised by the board of park com-
missioners, or by the school committee or by a playground commission
appointed by the mayor or the selectmen, or may be distributed between
the board of park commissioners, the school committee and such play-
ground commission or any of them or any one or more members of all or
any two of these boards accordingly as the city council or the town may
decide. Until the city council or the town determines which of the above
bodies shall exercise said powers they shall remain in the body now exer-
cising them. Within sixty days after the taking of land, under the pro-
visions of this section, the body taking the land shall file and cause to be
recorded in the registry of deeds for the county or district in which the
land lies a description thereof sufficiently accurate for identification and a
statement of the purpose for which it was taken.

SECTION 2. This act shall take effect upon its passage. [Approved
February, 25, 1915.

CHAPTER 52.

An Act relative to the Records of Local Boards of Health on Diseases de-
clared by the State Department of Health to be dangerous to the
Public Health.

SECTION 1. Section fifty-one of chapter seventy-five of the Revised
Laws is hereby amended by striking out the words "in blank books to be
provided by the secretary of the commonwealth", in the first and second
lines, and by inserting after the word "report", in the sixth line, the words:
— or other data required by the state department of health. Such record
shall be kept in such manner or upon such forms as shall be prescribed by
the said department, — so as to read as follows: — Section 51. The board
of health shall keep a record of all reports received pursuant to the two
preceding sections, which shall contain the name and location of all persons
who are sick, their disease, the name of the person who reports the case
and the date of such report or other data required by the state department
of health. Such record shall be kept in such manner or upon such forms as
shall be prescribed by the said department. Said board shall give immedi-
ate information to the school committee of all contagious diseases so re-
ported to them.

SECTION 2. This act shall take effect upon its passage. [Approved
March 12, 1915.

CHAPTER 70.

An Act to provide a Penalty for altering Employment Certificates.

Section sixty-one of chapter five hundred and fourteen of the acts of
the year nineteen hundred and nine, as amended by chapter two hundred
and forty-nine of the acts of the year nineteen hundred and ten and by
section nineteen of chapter seven hundred and seventy-nine of the acts of
the year nineteen hundred and thirteen, is hereby further amended by
adding at the end thereof the words: — Whoever, without authority, alters
an employment certificate after the same is issued shall be punished by a

fine of ten dollars, — so as to read as follows: — Section 61. Whoever
employs a person under the age of sixteen years, and whoever procures or,
having under his control a person under sixteen years of age, permits such
person to be employed in violation of the provisions of sections fifty-six
or fifty-seven of this act, shall for each offence be punished by a fine of
not less than ten dollars nor more than fifty dollars, or by imprisonment for
not more than thirty days; and whoever continues to employ a person
under sixteen years of age in violation of the provisions of either of said
sections, after being notified thereof by a school attendance officer or by
an inspector appointed by the state board of labor and industries, shall
for every day thereafter while such employment continues be punished by
a fine of not less than fifty nor more than two hundred dollars, or by im-
prisonment for not more than sixty days; and whoever forges, or procures
to be forged, or assists in forging a certificate of birth or other evidence of
the age of such person, and whoever presents or assists in presenting a
forged certificate or evidence of birth to the superintendent of schools or to
a person authorized by law to issue certificates, for the purpose of fraudu-
lently obtaining the employment certificate required by this act, shall be
punished by a fine of not less than ten nor more than five hundred dollars,
or by imprisonment for not more than one year, or by both such fine and
imprisonment. Whoever, being authorized to sign an employment certifi-
cate, knowingly certifies to any materially false statement therein shall be
punished by a fine of not less than ten nor more than two hundred dollars.
Whoever, without authority, alters an employment certificate after the
same is issued shall be punished by a fine of ten dollars. [Approved March
17, 1915.

CHAPTER 78.
An Act relative to the School Attendance of Minors.

Section four of chapter forty-four of the Revised Laws, as amended by
chapter three hundred and seventy-five of the acts of the year nineteen
hundred and five, and by section two of chapter two hundred and sixty-
eight of the acts of the year nineteen hundred and eleven, and by section
four of chapter seven hundred and seventy-nine of the acts of the year
nineteen hundred and thirteen, is hereby further amended by striking out
the word "fifty", in the forty-second line and inserting in place thereof the
word: — seventy-five, and by striking out, after the word "schools," in
the forty-fourth line the words "or, if the school committee of said city or
town so desires, an amount equal to the average expense for each pupil
of such school during the preceding year, for a period equal to the time
during which the child so attends", — so that the third paragraph of the
section will read as follows : —

For the tuition in the public schools in any city or town of any child
between the ages of five and fifteen years who shall be placed elsewhere than
in his own home by the state board of charity, or by the trustees of the
Massachusetts training schools, or kept under the control of either of said
boards in such city or town, the commonwealth shall pay to said city or

town, and for such tuition of any such child so placed by the trustees for
children of the city of Boston, or so kept under control of said trustees,
the city of Boston from its appropriation for school purposes, shall pay to
said city or town seventy-five cents for each week of five days, or major
part thereof, of attendance of every such child in the public schools. [Ap-
proved March 18, 1915.

CHAPTER 81.
An Act relative to School Attendance and to the Employment of Minors.

SECTION 1. Section one of chapter forty-four of the Revised Laws, as
amended by chapter three hundred and twenty of the acts of the year nine-
teen hundred and five, by chapter three hundred and eighty-three of the
acts of the year nineteen hundred and six, and by section one of chapter
seven hundred and seventy-nine of the acts of the year nineteen hundred
and thirteen, is hereby further amended by striking out, in the thirtieth
line, the word "five ", and inserting in place thereof the word: — seven,
— and by striking out the word "ten", in the same line, and inserting in
place thereof the word: — fourteen, — so as to read as follows: — Section
1. Every child between seven and fourteen years of age, every child under'
sixteen years of age who does not possess such ability to read, write and spell
in the English language as is required for the completion of the fourth
grade of the public schools of the city or town in which he resides, and every
child under sixteen years of age who has not received an employment cer-
tificate as provided in this act and is not engaged in some regular em-
ployment or business for at least six hours per day or has not the written
permission of the superintendent of schools of the city or town in which he
resides to engage in profitable employment at home, shall attend a public
day school in said city or town or some other day school approved by the
school committee, during the entire time the public schools are in session,
subject to such exceptions as are provided for in sections four, five and
six of this chapter and in section three of chapter forty-two of the Revised
Laws, as amended by chapter four hundred and thirty-three of the acts of
the year nineteen hundred and two, and by chapter five hundred and thirty-
seven of the acts of the year nineteen hundred and eleven; but such at-
tendance shall not be required of a child whose physical or mental condition
is such as to render attendance inexpedient or impracticable, or who is
being otherwise instructed in a manner approved in advance by the super-
intendent of schools or the school committee. The superintendent of
schools, or teachers in so far as authorized by said superintendent or by the
school committee, may excuse cases of necessary absence for other causes
not exceeding seven day sessions or fourteen half -day sessions in any period
of six months. For the purposes of this section, school committees shall ap-
prove a private school only when the instruction in all the studies required
by law is in the English language, and when they are satisfied that such in-
struction equals in thoroughness and efficiency,. and in the progress made
therein, the instruction in the public schools in the same city or town ; but
they shall not refuse to approve a private school on account of the religious
teaching therein.

SECTION 2. Said chapter forty-four of the Revised Laws, as amended
by section two of said chapter seven hundred and seventy-nine of the acts
of the year nineteen hundred and thirteen, is hereby further amended by
striking out the word "five", in the fourth line, and inserting in place
thereof the word: — seven, — and by striking out the word "ten", in the
same line, and inserting in place thereof the word: — fourteen, — so as to
read as follows: — Section 2. Every person having under his control a
child as described in section one shall cause him to attend school as therein
required, and, if he fails for seven day sessions or fourteen half -day sessions
within any period of six months wrhile such control obtains, to cause such
child so to attend school, he shall, upon complaint by an attendance officer
and conviction thereof, be punished by a fine of not more than twenty
dollars, and no physical or mental condition which is capable of correction,
or which renders the child a fit subject for special instruction at public
charge in institutions other than public day schools, shall avail as defence
under the provisions of this or the preceding section, unless it shall be made
to appear that the defendant has employed all reasonable measures for
the correction of the condition and the suitable instruction of the child.

Whoever induces or attempts to induce a child to absent himself unlaw-
fully from school, or employs or harbors a child while school is in session,
shall be punished by a fine of not less than ten* nor more than fifty dollars.
[Approved March 18, 1915.

CHAPTER 90.
An Act relative to Annual Returns of School Statistics.

SECTION 1. Clause Third of section four of chapter forty- three of the
Revised Laws, as amended by section three of chapter three hundred and
sixty-eight of the acts of the year nineteen hundred and twelve and by
section one of chapter three hundred and fifty-six of the acts of the year
nineteen hundred and thirteen, is hereby further amended by inserting after
the word "year", in the last line of said clause, the words: — and in Boston
during the fiscal year instead of the school year, — so that the said clause
will read as follows : — Third. The amount of money raised by taxation
by the town (or city), and expended during the fiscal year last preceding
the date of the certificate for the support of the public schools, including
the wages of teachers, the transportation of school children, fuel, the care
of fires, schoolrooms and school premises, repairs, supervision, text-books
and supplies, and school sundries or incidentals, but excluding alterations
of school buildings, other than repairs, and construction of schoolhouses
and contributions for the support of public schools which may be received
from the commonwealth or from other sources than local taxation, and
also the total expenditures, classified, for the public schools during the
school year, and in Boston during the fiscal year instead of the school
year, last preceding the date of this certificate.

SECTION 2. This act shall take effect upon its passage. [Approved
March 22, 1915.

CHAPTER 94.

An Act relative to Transfer Cards for Public School Pupils changing their

Residences.

SECTION 1. When any child required by section one of chapter forty-
four of the Revised Laws, as amended by section one of chapter seven
hundred and seventy-nine of the acts of the year nineteen hundred and
thirteen, to attend school is being educated in any public or private school
or in any institution in any city or town, and leaves such school or institu-
tion because of change of residence to another city or town in the common-
wealth, the superintendent of schools, if the child attends a public school,
and the person in charge, if the child attends a private school or is being
educated in any institution, shall furnish to such child a transfer card giving
the name of the child, his age, his grade in school, and in every case pos-
sible, the street and number of his new residence, and shall send without
delay a similar transfer card to the superintendent of schools of the city
or town in which the child is to reside.

SECTION 2. This act shall take effect upon its passage. [Approved
March 22, 1915.

CHAPTER 122.

An Act to direct the County of Hampden to erect Buildings for a County

Training School.

SECTION 1. The county commissioners of the county of Hampden are
hereby authorized and directed to erect in the county of Hampden suitable
buildings for a Hampden county training school, and to equip and furnish
the buildings suitably for the instruction and training of children com-
mitted thereto as habitual truants or school offenders.

SECTION 2. In order to meet the expense incurred under this act the
county commissioners of the county of Hampden are hereby authorized
to borrow from time to time upon the credit of the county a sum not ex-
ceeding one hundred thousand dollars, and to issue the bonds or notes
of the county therefor. The bonds or notes shall be payable in such annual
payments, beginning not more than one year after the date of each loan,
as will extinguish each loan within twenty years from its date, and the
amount of such annual payment of any loan in any year shall not be less
than the amount of the principal of the loan payable in any subsequent
year. Each authorized issue of bonds or notes shall constitute a separate
loan. The said bonds or notes shall bear interest at a rate not exceeding
five per cent per annum, payable semi-annually, and shall be signed by
the treasurer of the county and countersigned by a majority of the county
commissioners. The county may sell the said securities at public or private
sale, upon such terms and conditions as the county commissioners may
deem proper, but they shall not be sold for less than their par value, and
the proceeds shall be used only for the purposes herein specified.

SECTION 3. The county commissioners, at the time of authorizing the
said loan, shall provide for the payment thereof in accordance with the
provisions of this act; and a sum sufficient to pay the interest as it accrues

on the bonds or notes issued as aforesaid, and to pay the principal when
it becomes due, shall be levied as a part of the county tax of the county of
Hampden annually thereafter, in the same manner in which other county
taxes are levied, until the debt incurred by said loan is extinguished.

SECTION 4. This act shall take effect upon its passage. [Approved-
March 30, 1915.

CHAPTER 189.

An Act to provide for the Establishment and Maintenance of an Inde-
pendent Agricultural School in the County of Norfolk.

SECTION 1. At the next state election there shall be placed upon the
official ballots for the county of Norfolk the following question: — "Shall
the county of Norfolk authorize the county commissioners to issue bonds
of said county to an amount not exceeding seventy-five thousand dollars
for the purpose of establishing an independent agricultural school?"

SECTION 2. If a majority of the voters voting on the above question
vote in the affirmative, then the establishment and maintenance of said
school shall be provided for as follows: — The name of the school shall be
" Norfolk County Agricultural School.'; The governor, with the advice
and consent of the council, shall appoint four persons, one for the term of
one year, one for the term of two years, one for the term of three years and
one for the term of four years, residents of the county, who, together with
the county commissioners for the county, shall be known as the trustees
of said school; and it shall be their duty to provide vocational education of
the kinds authorized by section three of this act. Said trustees shall serve
without compensation, but shall be reimbursed for their necessary expenses,
the same to be charged and paid on account of maintenance as hereafter
provided. The said trustees are hereby authorized to determine the loca-
tion of the said school, subject to its approval by the board of education,
and, subject to approval by the said board, to expend an amount not ex-
ceeding seventy-five thousand dollars in the purchase of real estate, altera-
tion or construction of buildings and provision of live stock, furnishings and
equipment therefor.

SECTION 3. To meet the cost of establishing the said school, the county
commissioners are hereby authorized to issue bonds of the county to an
amount not exceeding seventy-five thousand dollars, said amount to be
paid over to the trustees upon their requisition by the treasurer of the
county. Said bonds shall be issued for a term not exceeding twenty years,
and shall bear interest at a rate not exceeding four per cent per annum,
payable semi-annually. Each authorized issue of bonds or notes shall con-
stitute a separate loan. The county commissioners shall by vote, provide
for the payment of each loan by such annual payments, beginning not more
than one year after its date, as will extinguish each loan within twenty
years from its date, and in such manner that the amount of principal and
interest payable in any year, shall not be less than the amount of principal
payable in any subsequent year. When such a vote has been passed, the
annual amount required shall, without further vote, be assessed according
to the provisions of law relating to the assessment of county taxes.

SECTION 4. The said school shall be maintained by the trustees as a
state-aided vocational school, subject to the approval of the board of edu-
cation, in accordance with the provisions of chapter four hundred and
seventy-one of the acts of the year nineteen hundred and eleven, and of
any acts in amendment thereof or in addition thereto not inconsistent
with this act.

SECTION 5. The said school shall provide instruction in agriculture, and
at such time as may be approved by the board of education, in household
arts or home-making. Short unit courses of instruction may be given both
at the school and elsewhere in the county. Members of the school staff
shall investigate farm and market conditions for the purpose of advising
individuals and organizations with reference to better business methods
among farmers and more satisfactory methods of marketing farm products,
shall give instruction in the formation of co-operative enterprises, and shall
perform any other work calculated to promote the agricultural or rural
development of the county. It shall be the duty of members of the staff
to keep in touch with, and to bring to their assistance, all agencies in the
commonwealth or elsewhere that will enable them to utilize the latest and
best knowledge in the furtherance of their work.

SECTION 6. Said school may receive and utilize gifts considered by said
trustees and the board of education to be not inconsistent with its pur-
poses, but principally it shall be supported as follows : — The treasurer of
the county shall pay to said trustees upon their requisition such sums, not
exceeding in the aggregate sixteen thousand dollars, as may be required by
them for the maintenance of said school during the first fiscal year, and the
amount so paid shall be raised by taxation in the same manner in which the
other expenses of the county are provided for. Said trustees shall annually,
after the first year, in consultation with and with the approval of the board
of education, prepare on or before the fifteenth day of December, an esti-
mate of the amount required to establish, equip and maintain the said
school for the ensuing year; and the said amount shall be included by the
county commissioners of the county in the estimate required by section
twenty-seven of chapter twenty-one of the Revised Laws, as amended, and
if the amount so estimated, or any part thereof, shall be authorized by the
general court as part of the county tax, the county of Norfolk shall raise
by taxation the sum so authorized, and it shall be paid by the county treas-
urer to said trustees upon their requisition, and shall be expended by them
for the purposes for which it was authorized.

SECTION 7. In order to reduce the net cost to county and state of the
said school, the trustees shall apply toward the expense of maintenance
such miscellaneous income as receipts from tuition collected on account of
non-resident pupils in places outside of the county of Norfolk, and receipts
from the sale of products and from the work of pupils.

SECTION 8. Said county shall be reimbursed by the commonwealth for
the expenditures made for the maintenance of said school in the manner
and proportion provided for the reimbursement of certain counties, cities
and towns by chapter four hundred and seventy-one of the acts of the year

nineteen hundred and eleven and acts in amendment thereof or in addition
thereto.

SECTION 9. Said school, to the extent of the capacity of the various
courses provided for in accordance with section five of this act, shall be free
for attendance to residents of said county over fourteen and under twenty-
five years of age; and, to persons residents of the commonwealth over
seventeen years of age in such numbers and for such instruction as shall be
approved by the board of education. Any resident over fourteen years of
age of a city or town in Massachusetts outside of said county which does
not maintain a state-aided vocational school offering the type of education
desired, may be admitted to this school in accordance with the provisions
governing admission of non-resident pupils and tuition fees contained in
said chapter four hundred and seventy-one.

SECTION 10. The provisions of chapter five hundred and thirty of the
acts of the year nineteen hundred and eight, as amended by chapter five
hundred and sixty-seven of the acts of the year nineteen hundred and ten,
for half rate fare upon street railways shall apply to pupils of the said
school.

SECTION 11. Section one of this act shall take effect upon its passage.
The remainder of the act shall take effect upon its acceptance by the voters
of the county, as provided in section two. [Approved April 21, 1915.

CHAPTER 197.
An Act relative to the Retirement System for Public School Teachers.

SECTION 1. Section five of chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen, is hereby amended by
adding thereto the following new paragraph: — (4) Members of the re-
tirement association, established by chapter five hundred and thirty-two
of the acts of the year nineteen hundred and eleven, as amended, who enter
the service of the public schools shall have the full amount of their contri-
butions, together with such interest as shall have been earned thereon,
transferred by the treasurer of the commonwealth to the annuity fund
established by paragraph (2) of this section, and these amounts shall
thereby become a part of their assessments.

SECTION 2. Section six of said chapter eight hundred and thirty-two
is hereby amended by adding thereto the following new paragraph: —
(7) In determining the retiring allowance of a member of the teachers' re-
tirement association who prior to the first day of June, nineteen hundred
and twelve, had been regularly employed by the commonwealth, credit
shall be given in the manner provided for by paragraph (5) of this section,
for all such periods of employment rendered prior to the first day of June,
nineteen hundred and twelve: provided, however, that this paragraph shall
not apply to any person becoming a member of the teachers' retirement
association, after the first day of July, nineteen hundred and fifteen, who,
at the time of entering the service of the public schools, was not a member
of the retirement association established by chapter five hundred and
thirty-two of the acts of the year nineteen hundred and eleven.

SECTION 3. The paragraph headed "A. Refunds. — (a) " of section six
of chapter five hundred and thirty-two of the acts of the year nineteen
hundred and eleven, as amended, by chapter five hundred and eighty-two
of the acts of the year nineteen hundred and fourteen, is hereby further
amended by inserting in said paragraph, after the word "death", the
words: — or to enter the service of the public schools as defined by para-
graph (5) of section one of chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen, — so that said paragraph
will read as follows: — (2) A. Refunds. — (a). Should a member of the
association cease to be an employee of the commonwealth for any cause
other than death, or to enter the service of the public schools as defined
by paragraph (5) of section one of chapter eight hundred and thirty-two
of the acts of the year nineteen hundred and thirteen, before becoming
entitled to a pension, there shall be refunded to him all the money paid
in by him under section five, (2) A, with such interest as shall have been
earned thereon.

SECTION 4. This act shall take effect upon its passage. [Approved
April 22, 1915.

CHAPTER 198.

An Act relative to the Retirement System for the Employees of the Com-
monwealth.

SECTION 1. Paragraph (/) of section one of chapter five hundred and
thirty-two of the acts ot the year nineteen hundred and eleven, as amended
by chapter three hundred and sixty-three of the acts of the year nineteen
hundred and twelve and "by chapter five hundred and sixty-eight of the
acts of the year nineteen hundred and fourteen, is hereby further amended
by adding at the end of said paragraph the words: — In the case of em-
ployees who before entering the service of the commonwealth had been
regularly employed as teachers in public schools, as defined by paragraphs
(4) and (5) of section one of chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen, all periods of such employ-
ment rendered prior to July first, nineteen hundred and fourteen, shall be
counted as a part of the continuous service for the purposes of this act:
provided, however, that this clause shall not apply to employees entering the
service of the commonwealth after July first, nineteen hundred and four-
teen, who are not members of the teachers' retirement association estab-
lished by said chapter eight hundred and thirty-two.

SECTION 2. Paragraph (2) A of section five of said chapter five hundred
and thirty-two is hereby amended by adding at the end thereof the follow-
ing paragraph : — • Members of the teachers' retirement association, estab-
lished by chapter eight hundred and thirty-two of the acts of the year
nineteen hundred and thirteen, who enter the service of the commonwealth
shall have the full amount of their contributions, with interest thereon as
determined by the teachers' retirement board, transferred by the treasurer
of the commonwealth to the retirement fund established by chapter five
hundred and thirty-two of the acts of the year nineteen hundred and eleven,
as amended, and these amounts shall ' thereby become a part of their
deposits.

SECTION 3. Paragraph (1) of section seven of chapter eight hundred
and thirty-two of the acts of the year nineteen hundred and thirteen is
hereby amended by inserting after the word " schools", in the second line,
the words: — except for the purpose of entering the service of the com-
monwealth, — so as to read as follows: — (1) Any member of the retire-
ment association withdrawing from service in the public schools, except
for the purpose of entering the service of the commonwealth, before be-
coming eligible to retirement shall be entitled to receive from the annuity
fund all amounts contributed as assessments, together with regular interest
thereon, in the manner hereinafter provided.

SECTION 4. This act shall take effect upon its passage. [Approved
April 22, 1915.

CHAPTER 225.

An Act to provide for an Independent Vocational School in the County of

Hampshire.

SECTION 1. At the next state election there shall be placed upon the
official ballots for the county of Hampshire the following question: " Shall
the County of Hampshire maintain an Independent Vocational School?"

SECTION 2. If (A) a majority of the voters voting on the above question
vote in the affirmative; and if (B) the city of Northampton causes to be
tendered to the county for the maintenance of the said school the use,
free of charge to the county, of the land, buildings and equipment, and
any improvements thereon or additions thereto which may hereafter be
made, of the present state-aided vocational, school, known as Smith's
agricultural school and Northampton school of industries, and notifies the
board of education in writing to that effect, then (C) the county of Hamp-
shire shall maintain an independent vocational school in accordance with
the following provisions, to wit: —

1. The name of the school shall be Smith's Agricultural School.

2. The school shall be maintained as a state-aided vocational school,
subject to the approval of the board of education, in accordance with the
provisions of chapter four hundred and seventy-one of the acts of the year
nineteen hundred and eleven and of any acts in amendment thereof or in
addition thereto not inconsistent with this act.

3. The local board of trustees for said school shall consist of five mem-
bers, one appointed by the governor for a term of four years, the chairman
of the county commissioners of the county of Hampshire, ex officio, and
the three trustees elected by the city of Northampton in accordance with
the terms of the will of Oliver Smith, ex officiis; and it shall be their duty
to maintain vocational education of the kinds authorized by section three
of this act.

4. The said local board of trustees, for and on behalf of the said
county, shall serve without compensation, but shall be reimbursed for
their necessary expenses, which shall be charged and paid on account of
maintenance as hereinafter provided.

5. The three ex officiis trustees elected by the city of Northampton,

for and on behalf of the city of Northampton, shall make the written re-
ports upon their "care and management of the income" received under
the will of Oliver Smith for Smith's Agricultural School, and upon "the
state of the funds, the expenditures, the improvements made on the prem-
ises, and the state of the school and institution generally; and also the
state and condition of the proceeds and income of the establishment",
required by said will; and for their services of "control and superintend-
ence" the said three trustees shall receive from the income received under
the will of Oliver Smith the "meet recompense" for which provision is
made in the said will.

6. The three ex officiis trustees elected by the city of Northampton
shall use so much as may be necessary of the annual income received by
the city of Northampton under the will of Oliver Smith for (A) land, build-
ing and equipment purposes, including repayment of building and equip-
ment loans now in process of liquidation; and may use the remainder of
said income at their discretion for (B) other purposes, not inconsistent
with the said will, which shall promote the welfare and progress of the said
county school.

7. The city of Northampton may withdraw or cause to be withdrawn
from the county of Hampshire the privilege of maintaining an independent
vocational school on the said premises by giving written notice to the board
of education not less than two years prior to the date upon which the said
privilege is to be withdrawn.

8. In any event the title to the land, buildings and equipment, with all
additions thereto or improvements thereon, with the exception of any
equipment not purchasable under the terms of the will of Oliver Smith
from the income received under said will, shall remain permanently in
the possession of the city of Northampton.

9. The board of education, for and on behalf of the county, may termi-
nate the maintenance of an independent vocational school upon the said
premises by giving written notice to the city of Northampton two years
prior to the date on which said maintenance is to terminate.

10. In the event that maintenance of said school by the county termi-
nates, any equipment purchased at the expense of the county shall be dis-
posed of by said trustees in such manner as shall be approved by the board
of education, and the proceeds shall be paid by the said trustees to the
treasurer of the said county.

COURSES AND METHODS OF INSTRUCTION.

SECTION 3. The school authorized by this act shall maintain such
kinds of vocational training permitted by chapter four hundred and
seventy-one of the acts of the year nineteen hundred and eleven, and of
any acts in amendment thereof or in addition thereto as are not inconsis-
tent with this act. Short unit courses of instruction may be given both
at the school and elsewhere in the county. Members of the school staff
shall investigate farm and market conditions for the purpose of advising

individuals and organizations with reference to better business methods
among farmers and more satisfactory methods of marketing farm products ;
shall give instruction in the formation of co-operative enterprises; and shall
perform any other work adapted to promote the agricultural or rural de-
velopment of the county. It shall be the duty of members of the staff to
keep in touch with, and to bring to their assistance, all agencies in the
commonwealth or elsewhere that will enable them to utilize the latest and
best knowledge in the furtherance of their work.

COUNTY AND STATE SUPPORT.

SECTION 4. The said school may receive gifts considered by said trus-
tees and the board of education to be not inconsistent with its purpose,
but principally it shall be supported as follows : —

1. The said local board of trustees shall prepare annually, in consulta-
tion with and with the approval of the board of education, on or before
the fifteenth day of December, an estimate of the amount required to
maintain the said school for the ensuing year and to provide such equip-
ment as may not be purchasable under the terms of the will of Oliver Smith
from the income received under that will; and said amount shall be in-
cluded by the county commissioners of the county of Hampshire in the
estimate required by section twenty-seven of chapter twenty-one of the
Revised Laws, as amended.

2. If the amount so estimated, or any part thereof, shall be authorized
by the general court as part of the county tax, the county of Hampshire
shall raise by taxation the sum authorized, and the sum so raised shall be
paid by the treasurer of the county to said trustees upon their requisition.

3. Said trustees, subject to the provisions of said chapter four hundred
and seventy-one of the acts of the year nineteen hundred and eleven, and
of section three of this act, shall expend the sum appropriated for the
purposes designated, together with such miscellaneous income as receipts
from tuition collected on account of non-resident pupils from outside the
county of Hampshire, and receipts from the sale of products and from the
work of pupils.

4. The county shall be reimbursed for the expenditures made for the
maintenance of the said school in the manner and proportion provided
for the reimbursement of certain counties, cities and towns by chapter
four hundred and seventy-one of the acts of the year nineteen hundred
and eleven and acts in amendment thereof or in addition thereto.

5. Upon the passage of this act, (A) said county shall raise by taxation
for the maintenance of said school during the next fiscal year of the com-
monwealth, a sum not less than the amount expended for maintenance by
Smith's agricultural school and Northampton school of industries during
the fiscal year of the commonwealth then current; (B) said sum shall be
included in the estimate prepared by the county commissioners of the
county of Hampshire in accordance with section twenty-seven of chapter
twenty-one of the Revised Laws as amended; and (C) the instruction

offered by said school, to the extent of its capacity, shall be free to residents
of said county, beginning with the fiscal year for which the first county
appropriation is made.

SECTION 5. Said school, to the extent of the capacity of the various
courses provided for in section three of this act, shall be free for attendance
to residents of said county over fourteen and under twenty-five years of
age; and to persons over seventeen years of age in such numbers and for
such instruction as shall be approved by the board of education. Any
resident over fourteen years of age of a city or town in Massachusetts out-
side said county which does not maintain a state-aided vocational school
offering the type of education desired, may be admitted to this school in
accordance with the provisions governing the admission of non-resident
pupils and tuition fees contained in said chapter four hundred and seventy-
one.

SECTION 6. Any town in said county may, however, establish, equip
and maintain, with the approval of the board of education, a school for
state-aided vocational education; and nothing in this act shall interfere
with the rights and obligations under said chapter four hundred and
seventy-one and acts in amendment thereof or in addition thereto, not in-
consistent with this act, of any town which may have established such a
school, or may hereafter desire to do so.

SECTION 7. The provisions of chapter five hundred and thirty of the
acts of the year nineteen hundred and eight, as amended by chapter five
hundred and sixty-seven of the acts of the year nineteen hundred and ten,
relative to half-rate fare upon street railways for school children shall
apply to pupils of the said school. [Approved May 5, 1915.

CHAPTER 249.
An Act relative to Admission to the Bar of Attorney s-at-Law.

SECTION 1. Section forty of chapter one hundred and sixty-five of the
Revised Laws, as amended by section one of chapter three hundred and
fifty-five of the acts of the year nineteen hundred and four and by section
one of chapter six hundred and seventy of the acts of the year nineteen
hundred and fourteen, is hereby further amended by striking out the
words "an applicant for admission to the bar shall not be required to be
a graduate of any high school, college or university", in the sixth, seventh
and eighth lines, and inserting in place thereof the words: — any appli-
cant for admission to the bar who is a graduate of a college or who has
complied with the entrance requirements of a college, or who has fulfilled
for two years the requirements of a day or evening high school or of a
school of equal grade, shall not be required to take any examination as to
his general education, — so as to read as follows : — Section 40. Said
board l may, subject to the approval of the supreme judicial court, make
rules with reference to examinations for admission to the bar and the
qualifications of applicants therefor, and determine the time and place

1 Board of Bar Examiners.

of all such examinations, and conduct the same: provided, however, that
any applicant for admission to the bar who is a graduate of a college or
who has complied with the entrance requirements of a college, or who
has fulfilled for two years the requirements of a day or evening high school
or of a school of equal grade, shall not be required to take any examina-
tion as to his general education. From the fees received under the pro-
visions of the following section the expenses of said board, as certified by
its chairman and approved by a justice of the supreme judicial court,
shall be paid, and from the remainder of said fees the members shall re-
ceive such compensation as the justices of the supreme judicial court or
a majority of them may allow.

SECTION 2. This act shall take effect upon its passage. [Approved
May 11, 1915.

CHAPTER 266.

An Act to provide for the Establishment and Maintenance of Day and
Evening Classes in Practical Arts for Women.

SECTION 1. Chapter one hundred and six of the acts of the year nine-
teen hundred and twelve is hereby amended by inserting after the word
" separate", in the third line, the words: — day and, — by striking out
the words "shall be open to all", in the fifth line, and inserting in place
thereof the words : — If day classes only, or evening classes only, are es-
tablished, they shall be open to all women over sixteen years of age; if
both day and evening classes are established the day classes shall be open
only to women over sixteen years of age, and the evening classes shall be
open only to, — and by striking out the word "and ", in the sixth line, and
inserting in place thereof the words : — Such classes, — so as to read as
follows : — Any city or town may, through its school committee, or other
board of trustees for vocational education, establish and maintain separate
day and evening classes in household and other practical arts. Such classes
shall be known as practical art classes. If day classes only, or evening
classes only, are established, they shall be open to all women over six-
teen years of age; if both day and evening classes are established the day
classes shall be open only to women over sixteen years of age, and the
evening classes shall be open only to women over seventeen years of age
who are employed in any capacity during the day. Such classes may be
established and maintained as approved state-aided practical art classes
under the provisions of, and subject to all the conditions, not inconsistent
with this act, of chapter four hundred and seventy-one of the acts of the
year nineteen hundred and eleven.

SECTION 2. This act shall take effect upon its passage. [Approved
May 20, 1915.

8-20-15— Ed. 5000.
Order No. 1496.

or.T 30

THE COMMONWEALTH OF ^MASSACHUSETTS
BULLETIN OF THE BOARD k5F EDUCATION

1916, NUMBER 2 1 WHOLE NUMBER, 70

EDUCATIONAL LEGISLATION
IN 1916

Issued by

July I, 1916

BOSTON

WEIGHT & POTTEE FEINTING CO., STATE PEINTEES

32 DEENE STEEET

1916

APPROVED BY
THE STATE BOARD OF PUBLICATION.

Edition 5, 000
7-1-16

THE COMMONWEALTH OF MASSACHUSETTS
BULLETIN OF THE BOARD OF EDUCATION

1916, NUMBER 21 WHOLE NUMBER, 70

EDUCATIONAL LEGISLATION
IN 1916

Issued by the Board of Education, July 1, 1916

BOSTON

WEIGHT & POTTEB FEINTING CO., STATE PEINTEES

32 DEENE STEEET

1916

APPROVED BY
THE STATE BOARD OF PUBLICATION.

Edition 5, 000
7-1-16

EDUCATIONAL LEGISLATION

ENACTED BY THE GENERAL COURT IN 1916.

CONTENT.

This pamphlet contains legislation relating to public educa-
tion enacted by the General Court during the session of 1916.
Resolves appropriating money for specific purposes or to meet
annual expenditures and special acts relating to specific com-
munities or institutions are omitted. The legislation is grouped
as follows : —

PAGE

PART I. — LEGISLATION CONFERRING POWERS AND DUTIES ON THE BOARD
OF EDUCATION AND THE COMMISSIONER OF EDUCATION.

1. Resolve directing the Board of Education to investigate the subject of

special training for injured persons (Res., chapter 75), . . 5

2. Resolve providing for the maintenance and exhibition, by the Board

of Education, of the educational exhibit shown at the Panama-
Pacific International Exposition (Res., chapter 156), . . 5

3. Resolve establishing a special commission, composed of the Commis-

sion on Economy and Efficiency, the Commissioner of Educa-
tion, and three persons to be appointed by the Governor, for
the purpose of investigating the subject of agricultural educa-
tion as conducted at the Massachusetts Agricultural College
and the development of the agricultural resources of the
Commonwealth (Res., chapter 106), ..... 5

4. An Act to authorize the towns of Salisbury and Newbury to establish

and maintain a union high school, with standards specified

and approved by the Board of Education (S. A., chapter 265), 7

5. Reference to additional powers and duties conferred on the Board of

Education, and printed in Part II. of this Bulletin, ... 7

PART II. — LEGISLATION (A) OF GENERAL IMPORT TO THE PUBLIC SCHOOLS;

(B) RELATING TO VOCATIONAL EDUCATION; AND (C) THE

RETIREMENT OF TEACHERS.
A. Legislation of general import to the public schools : —

1. Employment of certain minors in summer season (G. A., chapter

66), . 8

2. Exemption of illiterate married women from compulsory attend-

ance on evening school (G. A., chapter 82), .... 9

3. Continuous registration of minors by attendance officers, on

form of card prescribed by the Board of Education (G. A.,
chapter 102), 9

B. Legislation relating to vocational education: —

1. Co-operative courses in public schools, and the employment of

pupils in co-operating agencies (G. A., chaptor 95), . . 13

2. Independent industrial shoemaking school in the city of Lynn

(G. A., chapter 174), 15

3. Cities authorized to maintain schools of agriculture and horti-

culture, upon acceptance of provisions of chapter 185, General
Acts of 1916 (G. A., chapter 185), 16

C. Legislation relating to the retirement of teachers in the public schools,

and also in training schools under the direction of the Board of
Education: —

1. Retirement of teachers and other employees in training schools

under the direction of the Board of Education (G. A., chapter

54) 17

2. Refunds to members of the Teachers' Retirement Association,

upon withdrawal from service in the public schools (G. A.,
chapter 60) 18

3. Pledge, mortgage, assignment or transfer of pensions made pun-

ishable by fine (G. A., chapter 75), . . • . .19

4. Services rendered by pensioners or annuitants to municipalities

and counties (G. A., chapter 88), 19

5. Certain payments under the retirement system for public

school teachers in case of deceased members of the association

(G. A., chapter 238), 20

6. "Regular interest" and "retirement allowances" in connection

with the retirement system for public school teachers (G. A.,
chapter 257), 21

7. Resolve providing for an investigation by the Teachers' Retire-

ment Board of the subject of a disability retirement allowance

for public school teachers (Res., chapter 152), ... 22

PART III. — ADDITIONAL LEGISLATION OF INTEREST IN EDUCATION.

1. Appointment 01 special Board to consider the subject of physical train-

ing for boys and girls in the public schools (Res., chapter 90), 23

2. Massachusetts Commission for the Blind in relation to the education

of children, and the vocational guidance of adults, having
seriously defective eyesight (G. A., chapter 160), ... 23

3. Massachusetts Commission for the Blind given charge of the instruction

of the adult blind at their homes; report thereon no longer
required to be made to the Board of Education (G. A., chapter
201), 24

4. Certain military organizations of students authorized to drill and

parade with firearms (G. A., chapter 8), . . . .25

5. Relative to the misuse of the flag (G. A., chapter 36) ; also references to

other legislation as to use and display thereof, ... 26

PART I. - LEGISLATION CONFERRING POWERS AND
DUTIES ON THE BOARD OF EDUCATION.

RESOLVES, CHAPTER 75.

Resolve directing the Board of Education to investigate the Subject of
Special Training for Injured Persons.

Resolved, That the board of education is hereby directed to ascertain,
and to report to the next general court, on or before the second Tuesday
of January, what facilities exist in this commonwealth and what provisions
have been made to give special training and instruction to persons who
have suffered the loss of sight, or loss of or injury to a limb, or other severe
injury, and whose earning capacity has been destroyed or impaired thereby,
for the purpose of re-establishing or increasing the ability of such persons
to earn a livelihood, and also to investigate and report what provision
has been made or opportunity furnished for the objects aforesaid in other
states and in foreign countries. The board shall include in its report a
statement of its opinion as to the advisability of action on the part of the
commonwealth to establish or extend means for training and instruction
as aforesaid, and shall submit drafts of such legislation, if any, as the board
may deem expedient in the premises. [Approved May 1, 1916.

RESOLVE, CHAPTER 156.

Resolve providing for the Maintenance and Exhibition by the Board of
Education of the Educational Exhibit shown at the Panama-Pacific
International Exposition.

Resolved, That the educational exhibit shown by the commonwealth
at the Panama-Pacific International Exposition shall be delivered to the
board of education, and the said board is hereby authorized to exhibit
the same for educational purposes, at any place within the commonwealth,
and may expend for the purpose of maintaining and showing the said
exhibit during the present fiscal year a sum not exceeding six hundred
dollars. [Approved June 1, 1916.

RESOLVE, CHAPTER 106.

Resolve providing for an Investigation by a Special Commission of Agri-
cultural Education at the Massachusetts Agricultural College and
the Development of the Agricultural Resources of the Commonwealth.

Resolved, That a special commission is hereby established, to be composed
of the commission on economy and efficiency, the commissioner of educa-
tion, and three persons to be appointed by the governor, with the advice
and consent of the council, for the purpose of investigating the subject of

agricultural education as conducted at the Massachusetts Agricultural
College and the development of the agricultural resources of the com-
monwealth.

The commission shall investigate and report as to the advisability of
further expenditures for new buildings, additional equipment, the purchase
of land and other improvements at the Massachusetts Agricultural College ;
as to the present policy of the college, with a view to ascertaining whether
the college is meeting in the fullest degree the needs of the commonwealth
in respect to agricultural training; as to the use of state and federal ap-
propriations and grants; as to the operation of the farm department; as
to the educational and academic instruction, and as to the extension work.
The commission shall ascertain to what extent teachers are engaged in
activities other than college instruction; to what extent students are
taught practical farming; to what extent the college, independently of
other agencies, contributes toward farming and agricultural development;
to what extent the lands, buildings and equipment may economically be
utilized; and the relative cost per capita for the education of state and out-
of-state students in the various courses of instruction, including compari-
sons with other agricultural institutions. The commission shall distinguish
the educational from the other activities of the college; shall estimate the
cost of possible future development of the college, both for initial appro-
priations and for maintenance; shall consider the elimination of certain
activities, and a revision of the courses of study in respect to the character
of the studies, the amount of time devoted to them, and otherwise. The
commission shall ascertain what return, if any, in respect to the agricultural
activities of the people of the commonwealth, is made by graduate state-
educated students, and what benefits, if any, might accrue to the welfare
or development of agriculture in the commonwealth by a co-ordination of
the Massachusetts Agricultural College, the state board of agriculture,
the forestry department and the department of animal industry, or any
of them, in order that certain obvious existing duplications and overlap-
pings of activity may be eliminated and that the work of the said depart-
ments may be done more effectively and economically.

The commission shall report what operations connected with agriculture,
the expenses of which are paid by the state, can best be carried on at the
college rather than under the direction of the board of agriculture, and
what operations now carried on at the college can better be performed
under the direction of the board of agriculture.

The commission shall further report whether for the advancement of
agriculture in Massachusetts it is advisable that the college be continued
as at present organized.

The commission shall give public hearings, and shall be allowed for
necessary expenses such sums, not exceeding seventy-five hundred dollars,
as may be approved by the governor and council. The commission shall
report in print on or before the tenth day of January, nineteen hundred
and seventeen, and shall include in its report drafts of any bills necessary
to carry out its recommendations. [Approved May 19, 1916.

SPECIAL ACTS, CHAPTER 265.

An Act to authorize the Towns of Salisbury and Newbury to establish and
maintain a Union High School.

SECTION 1. The towns of Salisbury and Newbury are hereby author-
ized to establish and maintain at their joint expense a union high school,
and to expend therefor such sums of money as may be necessary to equip
and maintain the same. The control of such high school shall be vested
in a joint committee consisting of the school committees of both towns,
which shall determine the location of such school.

SECTION 2. For the support of such high school each town shall re-
ceive annually from the treasury of the commonwealth such sums as each
would be entitled to receive under the provisions of section three of chapter
forty-two of the Revised Laws, and chapter two hundred of the acts of the
year nineteen hundred and six, and acts in amendment thereof or in addi-
tion thereto: provided, that the school shall be maintained in accordance
with the standards specified and approved by the board of education.

SECTION 3. The annual cost of operation of such high school shall be
determined by the joint school committees of the two towns.

SECTION 4. This act shall take full effect upon its acceptance by the
towns of Salisbury and Newbury at any town meeting called for the pur-
pose. [Approved April 20, 1916.

REFERENCE TO ADDITIONAL POWERS AND DUTIES.

Reference is made to the following General Acts of 1916, as
printed in Part II. of this bulletin, conferring additional powers
and duties on the Board of Education : —

See chapter 95, page 13, for definition of "co-operative courses" in
the public schools and for power of the Board of Education relating thereto.

See chapter 102, page 9, for power of Board of Education to prescribe
form of card for continuous registration of minors by attendance officers.

See chapter 185, page 16, for power of Board of Education relating to
location and organization of schools of agriculture and horticulture by
cities accepting at the next annual State election (November, 1916) the
provisions of the aforesaid chapter.

See chapter 54, page 17, for act relating to the retirement of teachers
and other employees in training schools under the direction of the Board
of Education.

PART II. — LEGISLATION (A) OF GENERAL IMPORT
TO THE PUBLIC SCHOOLS; (B) RELATING TO
VOCATIONAL EDUCATION; AND (C) THE RE-
TIREMENT OF TEACHERS.

(A) LEGISLATION OF GENERAL IMPORT TO THE PUBLIC

SCHOOLS.

GENERAL ACTS, CHAPTER 66.

An Act relative to the Employment of Certain Minors in the Summer

Season.

The second paragraph of section seventeen of chapter seven hundred
and seventy-nine of the acts of the year nineteen hundred and thirteen is
hereby amended by adding at the end thereof the following: — provided,
however, that children who are over fourteen but under sixteen years of
age and who do not possess such ability to read, write and spell in the
English language as is required for the completion of the fourth grade of
the public schools of the city or town in which they reside, may be granted
an employment certificate good for the summer vacation, subject to all
other provisions relating to the employment of children between fourteen
and sixteen years of age, — so that said second paragraph will read as
follows: — No such school record shall be issued or accepted and no em-
ployment certificate shall be granted unless the child possesses the educa-
tional qualifications enumerated in section one of chapter forty-four of the
Revised Laws as amended by section one of this act: provided, however,
that children who are over fourteen but under sixteen years of age and who
do not possess such ability to read, write and spell in the English language
as is required for the completion of the fourth grade of the public schools
of the city or town in which they reside, may be granted an employment
certificate good for the summer vacation, subject to all other provisions
relating to the employment of children between fourteen and sixteen years
of age. [Approved March 22, 1916.

Chapter 66 provides that children who are over fourteen
but under sixteen years of age may work during summer va-
cation. In other words, such children, within the aforesaid
ages, as would be required by law to be in attendance on some
day school (were schools in session) may work during summer

vacation at such occupations as are permitted by law to chil-
dren between fourteen and sixteen years of age. The issuance
of the certificate required is subject to all other provisions
relating to the employment of children between fourteen and
sixteen years of age.

GENERAL ACTS, CHAPTER 82.

An Act to exempt Certain Illiterate Married Women from Compulsory
Attendance at Evening Schools.

SECTION 1. Section one of chapter four hundred and sixty-seven of
the acts of the year nineteen hundred and thirteen is hereby amended by
inserting after the word "age", in the second line, the words: — except
married women, — so as to read as follows : — Section 1 . Every illiterate
minor between sixteen and twenty-one years of age, except married women,
shall attend some public evening school in the city or town in which he
resides for the whole time during which the public evening schools are in
session : provided, that such city or town maintains a public evening school.
Attendance at a public day school, or at a private school approved for
the purpose by the school committee, shall exempt such minor from at-
tending a public evening school. This act shall not affect any existing
laws regarding the compulsory school attendance of illiterate minors or
their employment, but shall be in addition to such laws.

SECTION 2. This act shall take effect upon its passage.

(The foregoing was laid before the governor on the twenty-third day of
March, 1916, and after five days it had "the force of a law", as prescribed by
the constitution, as it was not returned by him with his objections thereto within
that time.)

The purpose of chapter 82 is to exempt illiterate married
women from compulsory attendance on public evening school.

GENERAL ACTS, CHAPTER 102.
An Act relative to Registration of Minors.

SECTION 1. Section three of chapter forty-three of the Revised Laws,
as amended by chapter four hundred and forty-three of the acts of the
year nineteen hundred and fourteen, is hereby further amended by striking
out the word ic annually", in the second line, by striking out the words
"on the first day of September, and such record shall be completed on or
before the fifteenth day of November", in the tenth, eleventh and twelfth
lines, and by adding at the end thereof, the words : — Attendance officers
or the attendance department, under the direction of the school committee
and superintendent of schools, shall have charge of the records required
by this section, and shall be responsible for their completeness and accu-

racy. A card, as prescribed by the board of education, shall be kept for
every child whose name is recorded under the provisions of this section.
Principals, teachers and supervisory officers shall co-operate with attend-
ance officers in the discharge of their duties under this act.

Attendance officers shall compare the names of persons enrolled in the
public and private schools of each city or town with the names of persons
recorded as required by this act, and examine carefully into all cases where
persons of school age are not enrolled in, and attending some school, as
required by section one of chapter forty-four of the Revised Laws, as
amended by chapter three hundred and twenty of the acts of the year
nineteen hundred and five, by chapter three hundred and eighty-three
of the acts of the year nineteen hundred and six, and by section one of
chapter seven hundred and seventy-nine of the acts of the year nineteen
hundred and thirteen.

The annual school committee report of each city and town shall contain,
a statement of the number of persons recorded as required by this act,
classified by ages, together with a statement of the number attending
public or private schools, and the number not attending school in any given
year, as required by section one of chapter forty-four of the Revised Laws,
as amended by chapter three hundred and twenty of the acts of the year
nineteen hundred and five, by chapter three hundred and eighty-three of
the acts of the year nineteen hundred and six, and by section one of chapter
seven hundred and seventy-nine of the acts of the year nineteen hundred
and thirteen.

The supervisory officers of all private schools in the commonwealth
shall, within thirty days after the enrollment or registration of any pupil
of compulsory school age, report the name, age and residence of the pupil
to the superintendent of schools of the city or town in which the pupil
resides; and whenever the pupil withdraws from a private school, the
supervisory officer thereof, shall, within ten days, notify the superintendent
of schools of the city or town in which the pupil resides, — so as to read
as follows : — Section 8. The school committee of each city and town
shall ascertain and record the namesr ages and such other information as
may be required by the board of education, of all children between five
and seven years of age, of all children between seven and fourteen years
of age, of .all children between fourteen and sixteen years of age, and of all
minors over sixteen years of age who cannot read at sight and write legibly
simple sentences in the English language, residing in its city or town. Who-
ever, having under his control a minor over five years of age, withholds
information sought by a school committee or its agents under the provisions
of this section or makes a false statement relative thereto, shall be punished
by a fine of not more than fifty dollars. Attendance officers or the at-
tendance department, under the direction of the school committee and
superintendent of schools, shall have charge of the records required by
this section, and shall be responsible for their completeness and accuracy.
A card, as prescribed by .the board of education, shall be kept for every

child whose name is recorded under the provisions of this section. Princi-
pals, teachers and supervisory officers shall co-operate with attendance
officers in the discharge of their duties under this act.

The annual school committee report of each city and town shall con-
tain a statement of the number of persons recorded as required by this
act, classified by ages, together with a statement of the number attending
public or private schools, and the number not attending school in any
given year, as required by section one of chapter forty-four of the Revised
Laws, as amended by chapter three hundred and twenty of the acts of the
year nineteen hundred and five, by chapter three hundred and eighty-
three of the acts of the year nineteen hundred and six, and by section one
of chapter seven hundred and seventy-nine of the acts of the year nineteen
hundred and thirteen.

SECTION 2. Section four of chapter forty-three of the Revised Laws,
as amended by section three of chapter three hundred and sixty-eight of
the acts of the year nineteen hundred and twelve, by chapter three hun-
dred and fifty-six of the acts of the year nineteen hundred and thirteen,
and by section two of chapter four hundred and forty-three of the acts of
the year nineteen hundred and fourteen, is hereby further amended by
striking out the words "according to the school census taken", in the
tenth line, and by striking out the word " September", in the eleventh
line, and inserting in place thereof, the word: — April, — so as to read as
follows: — Section 4- The chairman of each school committee shall annu-
ally on or before the thirty-first day of July transmit to the commissioner
of education a certificate filled out, signed and sworn to by him, contain-
ing the following statements: —

First. The number of persons between the ages of five and seven years,
the number of persons between the ages of seven and fourteen years, and
the number of persons between the ages of fourteen and sixteen years,

residing in the town (or city), on the first day of April, last preceding the
date of this certificate.

Second. The number of persons in the average membership of the
public schools of the town (or city), for the school year last preceding
the date of the certificate, as determined by the rules of the state school
register.

Third. The amount of money raised by taxation by the town (or city),
and expended during the fiscal year last preceding the date of the certifi-
cate for the support of the public schools, including the wages of teachers,
the transportation of school children, fuel, the care of fires, schoolrooms
and school premises, repairs, supervision, text-books and supplies, and
school sundries or incidentals, but excluding alterations of school build-
ings, other than repairs, and construction of schoolhouses and contribu-
tions for the support of public schools which may be received from the
commonwealth or from other sources than local taxation, and also the
total expenditures, classified, for the public schools during the school year
last preceding the date of this certificate.

Fourth. That the town (or city) has maintained during the school
year last preceding the date of this certificate each of the schools, as re-
quired by section one of chapter forty-two of the Revised Laws, as amended
by chapter one hundred and eighty-one of the acts of the year nineteen
hundred and eight, and by chapter five hundred and twenty-four of the
acts of the year nineteen hundred and ten, for a period of not less than
thirty-two weeks, or twenty-eight weeks, if such reduction has been allowed
under the provisions of the aforesaid section.

Fifth. That the town (or city) has maintained, during the school year
last preceding the date of this certificate, a high school, as required by
section two of said chapter forty-two, for a period of
months, days, as stated.

The board of education is authorized and directed to prepare and furnish
to school committees suitable forms of the certificate required by this
section. [Approved April 4, 1916.

Chapter 102 amends section 3, chapter 43, Revised Laws (as
amended), by striking out the words providing for an annual
school census of certain children and substituting in the place
of such census a continuous registration of minors, by attendance
officers on a form of card prescribed by the Board of Education,
as follows : —

Children. — Between five and seven years of age ; between seven and
fourteen years of age; between fourteen and sixteen years of age.

Minors. — Over sixteen years of age, who cannot read at sight and
write legibly simple sentences in the English language.

The above act also provides that the certificate filed with
the annual school returns to the Board of Education, in ac-
cordance with section 4, chapter 43, Revised Laws (as amended),
shall contain a statement of the number of children of the ages
above stated "residing in the town (or city), on the first day
of April."

Special attention is called to the last paragraph of section 1,
in relation to the duties of supervisory officers of all private
schools so far as children of compulsory school age are con-
cerned.

Chapter 102 became effective May 4, 1916.

(B) LEGISLATION RELATING TO VOCATIONAL EDUCATION.

GENERAL ACTS, CHAPTER 95.

An Act relative to Co-operative Courses in Public Schools and to Employ-
ment of Pupils in Co-operating Agencies.

SECTION 1. Section seventeen of chapter five hundred and fourteen
of the acts of the year nineteen hundred and nine, as amended by chapter
two hundred and forty-one of the acts of the year nineteen hundred and
eleven, and by chapter one hundred and ninety-one of the acts of the year
nineteen hundred and twelve, is hereby further amended by adding at the
end thereof the following: — " Co-operative courses" shall mean courses
approved as such by the board of education and conducted in public schools
in which technical or related instruction is given in conjunction with prac-
tical experience by employment in a co-operating factory, manufacturing,
mechanical or mercantile establishment or workshop.

SECTION 2. Section fifty-seven of said chapter five hundred and four-
teen, as amended by section fifteen of chapter seven hundred and seventy-
nine of the acts of the year nineteen hundred and thirteen, is hereby further
amended by inserting after the word "certificate", in the eighteenth line,
the words: — and, provided, further, that pupils in co-operative courses in
public schools, as defined in section seventeen of this act, may be employed
by any co-operating factory, manufacturing, mechanical or mercantile
establishment or workshop upon securing from the superintendent of
schools a special certificate covering this type of employment, — so as
to read as follows: — Section 57. No child between fourteen and sixteen
years of age shall be employed or be permitted to work in, about or in
connection with any factory, workshop, manufacturing, mechanical or
mercantile establishment unless the person, firm or corporation employ-
ing such child procures and keeps on file accessible to the attendance officers
of the city or town, to agents of the board of education, and to the state
board of labor and industries or its authorized agents or inspectors, the
employment certificate as hereinafter provided issued to such child, and

keeps a complete list of the names and ages of all such children employed
therein conspicuously posted near the principal entrance of the building
in which such children are employed: provided, however, that children
who are over fourteen but under sixteen years of age shall be permitted to
work in mercantile establishments on Saturdays between the hours of
seven in the morning and six in the evening, without such certificate; and,
provided, further, that pupils in co-operative courses in public schools, as
defined in section seventeen of this act, may be employed by any co-opera-
ting factory, manufacturing, mechanical or mercantile establishment or
workshop upon securing from the superintendent of schools a special cer-
tificate covering this type of employment. On termination of the employ-
ment of a child whose employment certificate is on file, said certificate
shall be returned by the employer within two days after said termination
to the office of the superintendent of schools from which it was issued.

SECTION 3. Section sixty-six of said chapter five hundred and fourteen,
as amended by section twenty-three of chapter seven hundred and seventy-
nine of the acts of the year nineteen hundred and thirteen, is hereby further
amended by inserting after the word "establishment", in the fourth line
of the first paragraph, the words: — except as provided for pupils in co-
operative courses, approved as such by the board of education and con-
ducted in public schools, — so that the first paragraph shall read as fol-
lows : — Section 66. No child who is over sixteen and under twenty-one
years of age shall be employed in a factory, workshop, manufacturing,
mechanical or mercantile establishment, except as provided for pupils
in co-operative courses, approved as such by the board of education and
conducted in public schools, unless his employer procures and keeps on
file an educational certificate showing the age of the child and his ability
or inability to read and write as hereinafter provided. Such certificates
shall be issued by the person authorized by this act to issue employment
certificates.

SECTION 4. This act shall take effect upon its passage. [Approved
April 3, 1916.

By the amendments provided for in chapter 95, the meaning
of the term "co-operative courses" is defined; and it is made
unnecessary for a pupil in a co-operative course to secure a
new working certificate each time he or she changes the place
of employment. A special form of certificate may be issued
by the local superintendent of schools covering the specified
period of employment in all places when such employment is
a required part of a co-operative course.

SPECIAL ACTS, CHAPTER 174.

An Act to provide for the Establishment of an Independent Industrial
Shoemaking School in the City of Lynn.

SECTION 1. At the next state election there shall be placed upon the
official ballot for the city of Lynn the following question: — "Shall the
city of Lynn establish an Independent Industrial Shoemaking School?"

SECTION 2. If a majority of the voters voting upon the question afore-
said vote in the affirmative, the governor, with the advice and consent
of the council, shall appoint eight persons, residents of the city of Lynn,
two of whom shall be representatives of the laboring class, to serve as
follows : — two for one year, two for two years, two for three years, and
two for four years; and thereafter two persons shall be appointed annually
for the term of four years, but every appointee under this act shall serve
until his successor has qualified. The said persons together with the mayor
of Lynn shall be known as Trustees of the Independent Industrial Shoe-
making School of the City of Lynn. They shall serve without compensa-
tion, but shall be reimbursed for their necessary expenses, and the sums so
paid shall be charged as a part of the maintenance expense of the school.

SECTION 3. The said trustees are hereby authorized to determine the
situation of the said school, subject to the approval of the board of educa-
tion, and to expend annually for rent of suitable floor space for the school
a sum not exceeding six thousand dollars until such time as it is deemed
expedient to purchase, construct or alter a building for the use of the school.
After the said school is established and equipped, the city of Lynn shall
annually raise by taxation such sums as may be needed for its maintenance
and operation.

SECTION 4. The cost of establishing and equipping the said school
shall be paid by the city of Lynn, and for this purpose the municipal council
is hereby authorized to issue bonds of the city to an amount not exceeding
twenty thousand dollars, for terms not exceeding ten years, and at a rate
of interest not exceeding four per cent per annum payable semi-annually.
The bonds shall be issued and shall be payable in accordance with the
provisions of chapter seven hundred and nineteen of the acts of the year
nineteen hundred and thirteen. Each authorized issue of bonds hereunder
shall constitute a separate loan.

SECTION 5. The school established under this act shall be established
and maintained as an approved school, subject to the provisions of chapter
four hundred and seventy-one of the acts of the year nineteen hundred
and eleven, and of any amendments thereof, and the city of Lynn shall be
reimbursed for the expenditures incurred in its maintenance in the manner
and to the extent provided for the reimbursement of cities and towns by
the said chapter and any amendments thereof. [Approved March 18, 1916.

By the provisions of Special Acts, chapter 174, the citizens
of Lynn will vote in November, 1916, as to their desires rela-

live to the establishment of an independent industrial shoe-
making school in that city. If the vote should be in favor of
establishing such a school, the act further provides for the city
of Lynn to equip and maintain an industrial shoemaking school
for the purpose of giving instruction in all the branches of the
shoemaking industry.

GENERAL ACTS, CHAPTER 185.

An Act to authorize Cities to maintain Schools of Agriculture and Horti-
culture.

SECTION 1. Any city which accepts the provisions of this act may
establish and maintain schools for instructing families and individuals by
means of day, part-time or evening classes in gardening, fruit growing,
floriculture, poultry keeping, animal husbandry, and other branches of
agriculture and horticulture. The location and organization of the said
schools, and the instruction given therein shall be subject to the approval
of the board of education.

SECTION 2. After the acceptance of this act by any city and before
further action hereunder is taken, the school committee shall cause to be
circulated a description of the purposes and scope of the instruction to be
given hereunder with a request for applications from those desiring such
instruction.

SECTION 3. The city council or other board or officer having power to
take land for school purposes in any city which accepts the provisions of
this act may, in conformity with the provisions of general law relative to
the taking of land by municipalities, take in fee any land in said city not
already appropriated to public uses for the purpose of maintaining a school
hereunder, or may lease or purchase in fee any land, either within or with-
out the city limits, for the said purpose. The school committee of the city
may erect suitable buildings upon the land so acquired, and may make
provision, on terms that will not involve loss to the city, for the use of
plots of ground and for the temporary housing of those attending the school,
and complying with its regulations, who have not access to other land
suitable for giving proper effect to the instruction of the school.

SECTION 4. This act shall be submitted to the voters in the several
cities of the commonwealth at the next annual state election for their
acceptance or rejection, and shall take effect in any city if a majority of
the voters of that city voting thereon shall vote in the affirmative. The
act shall be submitted in the form of the following question to be placed
upon the official ballot: "Shall an act, passed by the general court in the
year nineteen hundred and sixteen, to authorize cities to
maintain schools of agriculture and horticulture and to make
provision, in certain instances, for the temporary housing of
persons attending the school, be accepted?" [Approved May 9, 1916.

Cities accepting of provisions of chapter 185, at the next
annual State election (November, 1916), are authorized to
provide instruction for persons who desire agricultural training
but who are either too young or too old to meet the require-
ments of chapter 471 of the Acts of 1911. The act is intended
primarily to reach family groups, and to provide attractive and
profitable residence in the country for those who would other-
wise be cramped in congested city quarters. The school equip-
ment may include small homesteads to be rented by families
who desire to be taught how to make the most of such home-
steads.

(C) LEGISLATION RELATING TO THE RETIREMENT SYSTEM FOR
PUBLIC SCHOOL TEACHERS AND FOR TEACHERS IN TRAIN-
ING SCHOOLS UNDER THE DIRECTION OF THE BOARD OF
EDUCATION.

GENERAL ACTS, CHAPTER 54.

An Act relative to the Retirement of Teachers and Other Employees in
Training Schools maintained under the Direction of the Board of
Education.

SECTION 1. All persons employed as teachers in training schools main-
tained and controlled by the board of education shall be considered as
public school teachers for the purposes of chapter eight hundred and thirty-
two of the acts of the year nineteen hundred and thirteen and acts in
amendment thereof and in addition thereto, and such a teacher upon be-
coming a member of the Teachers' Retirement Association shall thereafter
pay to the Teachers' Annuity Fund assessments based upon his total salary
including the part paid by the commonwealth: provided, that the total
assessments shall not exceed one hundred dollars in any one year. Such
assessments shall be deducted in accordance with rules and regulations
prescribed by the teachers' retirement board. Nothing herein contained
shall apply to teachers regularly employed in the normal schools who
devote some time to training school work, and are therefore subject to the
provisions of chapter five hundred and thirty-two of the acts of the year
nineteen hundred and eleven, and acts in amendment thereof and in addi-
tion thereto.

SECTION 2. Teachers now members of the association established by
chapter five hundred and thirty-two of the acts of the year nineteen hun-
dred and eleven and acts in amendment thereof and in addition thereto,
who, under the provisions of this act, become members of the retirement
association established by chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen, and acts in amendment
thereof and in addition thereto, shall have the full amount of their con-

tributions, together with such interest as shall have been earned thereon,
transferred in the manner prescribed by chapter one hundred and ninety-
seven of the General Acts of the year nineteen hundred and fifteen.

SECTION 3. All other persons employed in the training schools main-
tained and controlled by the board of education in buildings owned by
the commonwealth shall be considered employees of the commonwealth
for the purposes of chapter five hundred and thirty-two of the acts of the
year nineteen hundred and eleven, and acts in amendment thereof and
in addition thereto. All other persons employed in the training schools
maintained and controlled by the board of education in buildings not
owned by the commonwealth shall not be considered employees of the
commonwealth for the purposes of said act.

SECTION 4. This act shall take effect on the first day of July, nineteen
hundred and sixteen. [Approved March 21, 1916.

The teachers in the training schools were formerly members
of the Retirement Association for State Employees, and the
amounts they contributed towards their retiring allowances
were based only upon the salary received from the State.
Chapter 54, General Acts of 1916, was passed in order that
their contributions might be based upon the full salary, and
the amount of the retiring allowance thereby increased.

GENERAL ACTS, CHAPTER 60.

An Act relative to Refunds to Members of the Teachers' Retirement As-
sociation who withdraw from the Service of the Public Schools.

SECTION 1. Section seven of chapter eight hundred and thirty- two of
the acts of the year nineteen hundred and thirteen is hereby amended by
striking out paragraph (2) and inserting in place thereof the following new
paragraph: — (2) If such withdrawal shall take place before six annual
assessments have been paid, the total amount to which such member is
entitled as determined by the retirement board under the provisions of
this act may be paid to him in one sum.

SECTION 2. Paragraph (3) of section seven of said chapter eight hun-
dred and thirty-two is hereby amended by striking out the word "ten",
in the first line, and inserting in place thereof the word: — six, — so as to
read as follows: — (3) If such withdrawal shall take place after six annual
assessments have been paid the amount so refunded shall be in the form
of such annuity for life based on the contributions of such member, to-
gether with regular interest thereon, as may be determined by the retire-
ment board according to its annuity tables, or in four annual instalments,
as such member may elect.

SECTION 3. This act shall take effect upon its passage. [Approved
March 21, 1916.

The teachers' retirement law originally provided that when
a member of the association withdrew from the service of the
public schools the total amount which he had contributed,
together with the interest allowed thereon, should be refunded
in four annual instalments. Chapter 60, General Acts, was
passed because it was found that a great many teachers with-
drew from the service before having paid many contributions
to the annuity fund, and it was decided that when the amount
to be refunded was small it would be better to make the refund
in one sum.

GENERAL ACTS, CHAPTER 75.

An Act to prohibit the Pledge, Mortgage, Sale, Assignment or Transfer
of Pensions granted by the Commonwealth or by Any County, City
or Town.

Any pledge, mortgage, sale, assignment, or transfer hereafter made of
any right, claim, or interest in any pension which has been, or may here-
after be granted by the commonwealth or by any county, city or town,
shall be void and of no effect, and any person who shall be a party to such
pledge, mortgage, sale, assignment or transfer of any right, claim, or interest
in any pension, or pension certificate, which has been, or may hereafter
be granted or issued by the commonwealth or by any county, city or town,
or who shall hold the same as collateral security for any debt or promise,
or upon any pretext of such security or promise, shall be guilty of a mis-
demeanor, and upon conviction thereof shall be punished by a fine not
exceeding one hundred dollars. [Approved March 24, 1916.

The above chapter makes punishable by fine the pledge,
mortgage, assignment or transfer of pensions granted by the
Commonwealth or by any county, town or city.

Section 8 of chapter 832, Acts of 1913, makes any assign-
ment of any right in or to any funds in connection with an
annuity or pension for teachers not valid, while chapter 75,
quoted above, makes such action, upon conviction, punishable
by fine.

GENERAL ACTS, CHAPTER 88.

An Act relative to Services rendered by Pensioners or Annuitants to Mu-
nicipalities and Counties.

Section one of chapter six hundred and fifty-seven of the acts of the
year nineteen hundred and thirteen is hereby amended by inserting after
the word " county", in the second line, the words : — excepting teachers
who are now receiving annuities not exceeding the sum of one hundred
and eighty dollars per annum, — so as to read as follows: — Section 1.

No person who now or hereafter receives a pension or an annuity from any
city or town or any county, excepting teachers who are now receiving
annuities not exceeding the sum of one hundred and eighty dollars per
annum, shall be paid for any service, except service as a juror, rendered
by him to said city, town or county after the date of the first payment of
such pension or annuity. [Approved March 31, 1916.

GENERAL ACTS, CHAPTER 238.

An Act relative to Certain Payments under the Retirement System for
Public School Teachers.

SECTION 1. Paragraph (6) of section seven of chapter eight hundred
and thirty-two of the acts of the year nineteen hundred and thirteen is
hereby amended by adding at the end thereof the following : — if, however,
there is no executor or administrator of the estate of such deceased member,
all sums due under this paragraph, not exceeding one hundred dollars in
any one case, may be paid to such person or persons as appear in the judg-
ment of the retirement board to be entitled to the proceeds of the estate,
and such payment shall be a bar to recovery by any other person, — so
that said paragraph will read as follows : — (6) If a member of the retire-
ment association shall die before retirement, the full amount of his contri-
butions to the annuity fund with regular interest to the day of his death
shall be paid to his legal representatives; if, however, there is no executor
or administrator of the estate of such deceased member, all sums due under
this paragraph, not exceeding one hundred dollars in any one case, may
be paid to such person or persons as appear in the judgment of the retire-
ment board to be entitled to the proceeds of the estate, and such payment
shall be a bar to recovery by any other person.

SECTION 2. This act shall take effect upon its passage. [Approved
May 20, 1916.

In the event of death of a member of the retirement
association before retirement, it was necessary that a legal
representative be appointed, in^ order that the amount con-
tributed, with the interest allowed thereon, might be refunded.
Chapter 238, General Acts, was passed in order that refunds
of small amounts might be made without the estate incurring
the expense of the appointment of a legal representative.

GENERAL ACTS, CHAPTER 257.
An Act relative to the Retirement System for Public School Teachers.

SECTION 1. Section one of chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen is hereby amended by
striking out paragraph (6) and inserting in place thereof the following:
• — (6) "Regular interest" shall mean interest at the rate determined by
the retirement board and shall be substantially that which is actually
earned, which shall be compounded annually on the last day of December
of each year.

SECTION 2. Paragraph (5) of section six of said chapter eight hundred
and thirty-two is hereby amended by striking out the words "regular
interest", in the twentieth line, and inserting in place thereof the words:
— three per cent interest compounded annually, — so as to read as fol-
lows : — (5) Any teacher who shall have become a member of the retire-
ment association under the provisions of paragraph numbered (2) of section
three, and who shall have served fifteen years or more in the public schools
of the commonwealth, not less than five of which shall immediately precede
retirement, shall, on retiring as provided in paragraphs (1) and (2) of this
section, be entitled to receive a retirement allowance as follows : — (a)
such annuity and pension as may be due under the provisions of paragraphs
numbered (3) and (4) of this section; (b) an additional pension to such an
amount that the sum of this additional pension and the pension provided
in paragraph (4) of this section shall equal the pension to which he would
have been entitled under the provisions of this act if he had paid thirty
assessments on his average yearly wage for the fifteen years preceding his
retirement and at the rate in effect at the time of his retirement : provided,
(1) that if his term of service in the commonwealth shall have been over
thirty years the thirty assessments shall be reckoned as having begun at
the time of his entering service and as drawing three per cent interest com-
pounded annually until the time of retirement; and further provided, (2)
that if the sum of such additional pension together with the annuity and
pension provided for by paragraphs numbered (3) and (4) of this section
is less than three hundred dollars in any one year, an additional sum suffi-
cient to make an annual retirement allowance of three hundred dollars
shall be paid from the pension fund. [Approved May 24, 1916.

The retirement law originally provided that the accounts of
the members of the association should be credited with 3 per
cent interest. As the funds contributed by the members have
been invested in securities which are yielding about 4 per cent
interest, chapter 257, General Acts, was created in order that
the members might receive the benefit of all the interest
earned on their contributions.

RESOLVES, CHAPTER 152.

Resolve providing for an Investigation by the Teachers' Retirement Board
of the Subject of a Disability Retirement Allowance for Public School
Teachers.

Resolved, That the teachers' retirement board is hereby directed to in-
vestigate the subject of providing for the retirement of public school
teachers in cases of permanent disability. The board is authorized to
expend for this purpose a sum not exceeding one hundred dollars, and is
directed to report the results of its investigation to the next general court,
with such recommendations as it may deem expedient, not later than the
fifteenth day of January. [Approved June 1, 1916.

PART III. — ADDITIONAL LEGISLATION OF INTEREST
IN PUBLIC EDUCATION.

RESOLVES, CHAPTER 90.

Resolve providing for the Appointment of a Special Board to consider
the Subject of Physical Training for Boys and Girls in the Public
Schools.

Resolved, That three persons, to be appointed by the governor, shall
constitute a board to investigate the subject of physical training for boys
and girls in the public schools, and to define and reccmmend a system
which will improve their physical, moral and mental qualities and provide
the commonwealth with an adequate basis for a citizen soldiery, with
special reference to the following subjects:

(a) Physical and disciplinary training.

(b) Military history.

The members of this board shall serve without pay but shall be allowed
for clerical assistance and for necessary expenses, such a sum not exceeding
one thousand dollars, as shall be approved by the governor and council.

The board is authorized in its discretion to consider any related matter,
whether or not the same is particularly mentioned in this resolve. The
board shall report the result of its investigations to the general court on
or before the second Wednesday in January in the year nineteen hundred
and seventeen, and shall accompany its report with such recommendations
for legislation as the board may deem advisable. [Approved May 16,
1916.

GENERAL ACTS, CHAPTER 160.

An Act to provide for Exchange of Information between the State Board
of Charity and Overseers of the Poor and the Massachusetts Com-
mission for the Blind, and to provide for aiding Persons with Seriously
Defective Eyesight.

SECTION 1. Section two of chapter three hundred and eighty-five of
the acts of the year nineteen hundred and six is hereby amended by in-
serting at the end thereof the words: — The state board of charity and the
overseers of the poor of cities and towns are hereby directed to aid the
commission by reporting whenever outdoor or indoor aid is granted to
families in which there is a blind member or members, and the commission
is hereby directed to report in turn to the state board of charity and the
overseers of the poor of cities and towns any activity on their part in re-
lation to blind persons who or whose families are known to be receiving

or to have received public outdoor or indoor aid, — so as to read as fol-
lows:— Section 2. The commission shall be authorized to prepare and
maintain a register of the blind in Massachusetts, which shall describe
their condition, cause of blindness and capacity for education and indus-
trial training. The chief of the bureau of statistics of labor is hereby di-
rected to aid the commission by furnishing it from time to time, upon its
request, with the names, addresses and such other facts concerning the
blind as may be recorded by the enumerators in taking any decennial
census. The state board of charity and the overseers of the poor of cities
and towns are hereby directed to aid the commission by reporting when-
ever outdoor or indoor aid is granted to families in which there is a blind
member or members, and the commission is hereby directed to report in
turn to the state board of charity and the overseers of the poor of cities
and towns any activity on their part in relation to blind persons who or
whose families are known to be receiving or to have received public outdoor
or indoor aid.

SECTION 2. Said chapter three hundred and eighty-five is hereby
further amended by inserting a new section after section two to be num-
bered 2A, as follows: — Section 2 A. The commission is further authorized
to register cases of persons whose eyesight is seriously defective or who are
liable to become visually handicapped or blind, and to take such measures,
in co-operation with other authorities, as it may deem advisable for the
prevention of blindness or conservation of eyesight, and, in appropriate
cases, for the education of children and for the vocational guidance of
adults having seriously defective sight. [Approved April 27, 1916.

GENERAL ACTS, CHAPTER 201.
An Act to provide for the Instruction of the Adult Blind at Their Homes.

SECTION 1. The Massachusetts commission for the blind may provide
for the instruction of the adult blind at their homes. The commission
may expend annually for this purpose not more than six thousand dollars
and shall include with its other estimates of needed appropriations a de-
tailed estimate of the proposed expenditures.

SECTION 2. Chapter two hundred and ninety-seven of the acts of the
year nineteen hundred and two is hereby repealed.

SECTION 3. This act shall take effect upon its passage. [Approved
May 12, 1916.

Under this act the detailed annual report from the Perkins
Institution and Massachusetts School for the Blind to the
Board of Education relating to expenditures for the instruction
of the adult blind at their homes is now no longer required, and
the matter is under the direction of the Massachusetts Com-
mission for the Blind.

GENERAL ACTS, CHAPTER 8.

An Act to authorize Certain Military Organizations of Students to drill
and parade with Firearms.

SECTION 1. Chapter six hundred and four of the acts of the year nine-
teen hundred and eight is hereby amended by striking out section one
hundred and seventy and inserting in place thereof the following: — Sec-
tion 170. No body of men, except the volunteer militia, the troops of the
United States and the Ancient and Honorable Artillery Company of Boston
shall maintain an armory or associate together at any time as a company
or organization, for drill or parade with firearms; nor so drill or parade,
nor shall any city or town raise or appropriate money toward arming,
equipping, uniforming, supporting, or providing drill rooms or armories
for any such body of men: provided, that associations wholly composed
of soldiers honorably discharged from the service of the United States
may parade in public with arms, upon the reception of any regiments or
companies of soldiers returning from said service, and for escort duty at
the burial of deceased soldiers, with the written permission of the mayor
and aldermen of the city or selectmen of the town in which they desire to
parade; that students in educational institutions where military science
is a prescribed part of the course of instruction, and, also students who
are enrolled in a military organization approved by the secretary of war
or navy of the United States and over which an officer of the United States
army or navy or the Massachusetts volunteer militia has supervision, may,
with the approval of the governor and under such conditions as he may
prescribe, drill and parade with firearms in public, under the superintend-
ence of their instructors; that foreign troops who have been admitted
into the United States with the consent of the United States government
may, with the approval of the governor, drill and parade with firearms in
public, and that any body of men may, with the approval of the governor,
drill and parade in public with any harmless imitation of firearms which
has been approved by the adjutant general; that regularly organized
posts of the grand army of the republic, and regularly organized camps of
the legion of Spanish war veterans, or of the united Spanish war veterans,
may at any time parade in public their color guards of not more than twelve
men, armed with firearms; that regularly organized camps of the sons of
veterans may at any time parade in public their color guards of ten men
with firearms; and that any organization heretofore authorized thereto
by law may parade with sidearms; and that any veteran association com-
posed wholly of past members of the militia of this commonwealth may
maintain an armory for the use of the organizations of the militia to which
its members belonged.

SECTION 2. This act shall take effect upon its passage. [Approved
February 18, 1916.

Attention is called to that part of chapter 8, General Acts of
1916, which provides that students in educational institutions
where military science is a prescribed part of the course of in-
struction may, with the approval of the Governor, and under
such conditions as he may prescribe, drill and parade with
firearms in public, under the superintendence of their instruc-
tors.

(Further information relating to military organizations can be bad on application at the office
of the Adjutant-General, State House, Boston.)

GENERAL ACTS, CHAPTER 36.
An Act relative to the Misuse of the Flag.

The provisions of chapter five hundred and seventy of the acts of the
year nineteen hundred and fourteen, shall not apply to publications issued
solely for the purpose of giving information in relation to the flag, or to
publications issued solely for the purpose of promoting patriotism or en-
couraging the study of American history; but no words, figures, designs
or other marks of any kind shall be placed upon the flag or any representa-
tion thereof. [Approved March 14, 1916.

The following list of references to other legislation relating
to the display, use or misuse of the national or State flags is
given for the convenience of school authorities : —

The flag of the Commonwealth, chapter 229, Acts of 1908, as amended
by chapter 37, Acts of 1915.

The observance of Flag Day, chapter 5, Resolves of 1911.

The display of National and State flags on State buildings, chapter 60,
Acts of 1909.

The display of the United States flag on schoolhouses, chapter 232,
Acts of 1911.

Misuse of National or State flags, chapter 570, Acts of 1914.

Misuse of foreign flags, chapter 197, Acts of 1912.

Display of foreign flags or emblems on public buildings, chapter 206,
Revised Laws, section 6.

(A leaflet giving the full text of the laws referred to above can be had on application to the
office of the Secretary of the Commonwealth, State House, Boston.)

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Full text of "Revised laws relating to public instruction, enacted by the legislature of November 21, 1901, to take effect January 1, 1902; also subsequent amendments and additions from 1902 to 1914 inclusive, and other laws of interest to school authorities"

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