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Section 238. Appointment of truant officers.
239. Truant officers in cities, etc.
251. Withholding state moneys by superintendent. [General note.- The compulsory education law has been rewritten and its scope considerably enlarged. An attempt has been made to provide a practicable and not too rigid scheme of compulsory instruction. Some changes have been made in the present law, which are indicated at the foot of the sections. Provision is made for a state truant school, to be established by the state superintendent whenever an appropriation shall be made for that purpose. This is deemed an important part of the scheme. The duties of magistrates and truant officers are, it is thought, more clearly defined.]
§ 230. Definitions.—The term “parent," as used in this article, means the father, mother, guardian, or other person, who has the lawful care, custody or control of a child.
The term “child,” as used in this article, means a person subject to its provisions, who is between six and sixteen years of age, and is in proper physical and mental condition to attend school.
The term “truant,” as used in this article, means a child be tween six and sixteen years of age, found away from his home, and unlawfully absent from school.
[New, but see Con. School Law, tit. XVI, § 2, as added by L. 1894, chap. 671. (Page 112, S 2.)]
§ 231. Who must attend school.—Every child shall regularly attend upon instruction at a common school, or upon equivalent instruction by a competent teacher elsewhere, as follows:
1. Between six and fourteen years of age, each school day on which the school is in session between October first and June first.
2. Between fourteen and sixteen years of age, on each school day on which the school is in session, unless regularly and lawfully engaged in useful employment or service.
3. If such a child attends upon instruction elsewhere, the instruc. tion shall be substantially equivalent to that given to children of like age at the public schools of the city or district in which he resides, and he must attend as many hours each day as are required of children of like age at such public schools.
[Consolidated School Law, tit. XVI, § 3, as am. by L. 1894,
ch. 671, and as amended by L. 1896, ch. 606, rewritten and
changed as follows: 1. We reduce the age at which a child becomes subject to the compulsory education law from eight to six years, and increase the age at which they must attend school on each school day in which a school is in session from twelve to fourteen years, thus making .
an absolute period of eight years' instruction. We omit from this section the present law that between twelve and fourteen years a child must attend school on eighty regular consecutive school days when not regularly and lawfully engaged in some useful employ. ment or service.
2. Under the present law the time which a child must attend school on every school day is only four years, namely, between eight and twelve years. Between twelve and fourteen they must attend at least eighty days in each year, thus making altogether a period of five school years.]
$ 232. Duty of parent.—Each parent shall cause such child to so attend upon instruction as herein required, or shall present to the school authorities proof by affidavit that he is unable to compel such attendance. A violation of this section is a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days or both such fine and imprisonment.
[Con. School Law, tit. XVI, § 4 as added by L. 1894, chap. 671,
and as amended by L. 1896, chap. 606 rewritten. (Page
$ 233. State truant schools.—The state superintendent may:
1. Acquire by purchase or condemnation, or may hire, real property, and erect buildings for the establishment of a state truant school. The title to real property so acquired must be taken in the name of the state, and approved by the attorney-general.
2. Maintain euch school and furnish and equip it with necessary apparatus and appliances.
3. Employ teachers and needed assistants therefor and pre scribe and regulate the course of instruction and discipline therein.
A state truant school may be established for each judicial district, or for two or more districts, as the superintendent may determine. If a state school is established, the superintendent may direct the discontinuance of any local truant school, and thereafter children who might otherwise be sent to such school, shaii be sent to a state school.
§ 234. Local truant schools.—The school authorities may establish a school or set apart a separate room in a public school building for habitual truants, or for children who are insubordinate or disorderly during their attendance at school. Such a school or room is known as a truant school, and the authorities may provide for the confinement, maintenance and instruction of such truants or children therein.
[Con. School Law, tit. XVI, part of $ 9 as added by L. 1894,
chap. 671, and as amended by L. 1896, chap. 606, rewritten. (Page 115, § 9.)]
$ 235. Joint truant schools.-The authorities of two or more districts may unite in the establishment and maintenance of a joint truant school. Each district so uniting shall bear its proportion of the expense.
§ 236. Contracts with truant school.-The school authorities of a city or district which has no truant school may contract with another city or district which has such a school, or with a private school, orphans' home or other similar institution, for the confinement, maintenance and instruction therein of children who may be lawfully committed to a truant school under this article. A school which is the subject of such a contract there upon becomes the truant school of the city or district where such children reside.
A contract shall not be made under this section with a private school, orphans' home, or other similar institution, unless the course of study therein includes the subjects required by this chapter to be taught in a public school, and is otherwise approved by the state superintendent.
[Con. School Law, tit. XVI, part of $ 9, as added by L. 1894, chap. 671, and as amended by L. 1896, chap. 606, rewritten. The last two sentences of this section are new. (Page 115, $ 9.))
$.237. Truant districts.— Each school commissioner shall di. vide his district into convenient truant districts to be composed of two or more school districts. A duplicate of such order shall be filed with the clerk of each school district affected thereby. A city, village or district which employs a superintendent of schools cannot be included in such a truant district. A commissioner may at any time modify an order made under this section, and establish new truant districts. All orders creating truant districts shall, so far as practicable, be made during the month of July.
$ 238. Appointment of truant officers.--The school authorities of the districts composing a truant district may within twenty days after the filing of the order of the commissioner, by a written instrument under the hands of the authorities representing a majority of such districts, appoint a truant officer for such dis