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§ 243. Second arrest.—On second arrest the truant officer shall

immediately notify the parent and also the superintendent of

schools of the city, or the president of the board of education, or

the trustee, of such arrest, and shall in the meantime keep the

child in his custody. If the parent consents thereto, in writing,

the child may be committed to a truant school, by the school

authorities, or in a city, village or district, which has a superin

tendent, such commitment may be made by him.

[Con. School Law, tit. XVI, SS 8, 9, as added by L. 1894, chap. 671, as amended by L. 1896, chap. 606, rewritten without intended change, except that the provision for a second arrest is new.]

(Page 117, SS 8, 9.)

§ 244. Examination and commitment by magistrate.- If the

parent does not consent, the child shall be forthwith taken by

the truant officer before a magistrate, who shall immediately

examine the matter. If satisfied that the child is an habitual

truant, or is insubordinate or disorderly while in attendance upon

instruction, he shall commit him to the truant school. If there

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is no truant school in the city or district where the child resides,

he shall be committed to the nearest truant school. But if the

commitment is to a private school, orphan asylum or other simi

lar institution designated as a truant school, it must be to one

which represents the religious faith of the parent, unless such

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parent consents, in writing, to a commitment elsewhere.

[Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, as amended by L. 1896, chap. 606, rewritten without intended change.]

(Page 117, S 9.)

§ 245. Term of commitment.-A child cannot be committed to

a truant school nor detained therein for a longer time than the

remainder of the current school year, and the time shall be stated

in the commitment.

[Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, as amended by L. 1896, chap. 606, rewritten without intended change, except that the provision requiring the time to be stated in the commitment is new.]

(Page 117, $ 9.)

$ 246. Report of arrest.-A truant officer shall promptly report

each arrest to the school authorities of his city or district, and

the disposition made by him of the truant.

[Con. School Law, tit. XVI, part of § 8, as added by L. 1894, chap. 671, and as amended by L. 1896, chap. 606, rewritten without intended change in substance.

$ 247. Parole of truants.--A child committed to a truant school

may be paroled;

1. If to a state school, by the state superintendent.

2. If to a local school, and the city, village or district from

which such child is committed has a superintendent of schools,

by such superintendent; and elsewhere by the school authorities.

The state or local superintendent or school authorities may pre

scribe the conditions of such parole, and for a violation thereof,

the child may be again arrested, and shall be recommitted to the

truant school.

[Mostly new. Subdivision 2 is based upon Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, and as amended by L. 1896, chap. 606.7

(Page 117, 9.)

$ 248. Industrial training - Industrial training shall be fur

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nished in every truant school.

[Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, and as amended by L. 1896, chap. 606, without change.]

(Page 117, § 9.)

$ 249. Record of equivalent instruction. If a child receives in

struction under this article elsewhere than at a public school, the

superintendent may require from the teacher or other person who

gives such instruction, such information from time to time as he

may deem necessary, and he shall at the expense of the state fur.

nish to such teacher or other person, blanks for any records or

other reports required by him. The records so kept shall be sub

ject to inspection at all reasonable hours by the state superin

tendent, the school commissioner, and the school authorities and

truant officers of the city or district. A person who refuses to give

any information required under this article, or to answer any

inquiry relating to such child, by any such officer, is guilty of a

misdemeanor.

[Con. School Law, tit. XVI, parts of $S 3 and 6, rewritten and extended by the insertion of the provision authorizing the superintendent to require information from the teacher or other person who gives instruction, and furnishing blanks for that purpose. Also by extending the provision as to who may inspect the record of attendance.]

(Pages 114, 116, $$ 3, 6.)

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$ 250. Limitation on employment of children.—The right to em

ploy a child is subject to the following limitations:

1. A child between seven and fourteen years of age can not be

employed in any business or service during any part of a term of

a public school.

2. A child between fourteen and sixteen years of age can not

be so employed, unless at the time of his employment he presents

a certificate signed by the superintendent or principal teacher of

the schools of the city or district in which he resides, that he has

complied with the law relating to attendance at school during the

preceding school year; or if the contract of employment is made

during the school term, that the child has attended school for the

required time during the current school year.

Nothing in this section shall be so construed to affect the pro

visions of the labor law relating to the employment of children. A

person who violates the provisions of this section shall for each

offense forfeit and pay to the city or district a penalty of fifty

dollars.

[Con. School Law, tit. XVI, § 5, as added by L. 1894, chap. 671, rewritten and changed so as to correspond with § 231 of the revision. The first sentence of the last paragraph is new.]

(Page 116, § 5.)

§ 251. Superintendent to make rules.—The state superintendent

shall prescribe the duties of truant officers and make rules for the

enforcement of this article.

[New.]

$ 252. Reports.—The superintendent may require reports from

school authorities in such form and containing such information

as he may prescribe, concerning the operation of this article; and

shall include a summary of the same in his annual report to the

legislature.

[Con. School Law, tit. XVI, part of $ 10, as added by L. 1894, chap. 671, as amended by L. 1895, chap. 988, and L. 1896, chap. 606, rewritten and extended by adding the provision authorizing the superintendent to include a summary of the operation of the Compulsory Education Law in his annual report to the Legislature.]

(Page 119, § 10.)

§ 253. Expenses, how paid.—The expenses attending the com

mitment and maintenance of any truant residing in a city, vil.

lage or district employing a superintendent of schools, including

the compensation of truant officers and magistrates, shall be a

charge against such city, village or district, and in all other cases

shall be a county charge. Where the compensation of a truant

oficer is a county charge, he is entitled to receive two dollars for

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each day necessarily spent by him in the performance of his duty.

[Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, and amended by L. 1896, chap. 606, rewritten without intended change. The last sentence of the section is new.]

(Page 117, $ 9.)

$ 254. Withholding state moneys by superintendent.—The state

superintendent may withhold one-half of the state school moneys

apportioned to a city or district, if in his judgment the school

authorities thereof wilfully neglect or refuse to enforce the provi.

sions of this article, after due notice; but such moneys so withheld

shall be immediately paid to the city or district on its compliance

with such provisions, or with any rule or order made by the super

intendent in relation thereto.

[Con. School Law, tit. XVI, part of $ 10, as added by L. 1894, chap. 671, and amended by L. 1896, chap. 606, rewritten without intended change.]

(Page 119, § 10.)

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