3. SCHOOLS.

Attendance.-Character of instruction.—Text-books.—Buildings.

Attendance. All persons residents of any school district and 5 years of age, shall have an equal right to attend any school therein, and no separate school or department shall be kept for any persons on account of race or color, but this shall not prevent the grading of the schools according to the intellectual progress of the pupil [said schools of different grades] to be taught in separate places, as may be deemed expedient. The district meeting shall determine the length of time school shall be taught which shall not be less than 9 months in districts having 800 children 5 to 20 years of age, nor less than 5 months in districts having from 30 to 800 children of like ages, nor less than 3 months in all other districts, on pain of forfeiture of their share of the one mill tax.

Every parent, guardian, or other person having control or charge of any child or children between the ages of 8 and 14 years shall be required to send such child or children to a public school for a period of at least 4 months in each school year, at least six weeks of which shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parents or guardians reside, upon its being shown to the board's satisfaction that the child's bodily or mental condition has been such as to prevent its attendance at school or application to study for the period, or that such child or children are taught in a private school or at home in such branches as are usually taught in primary schools or have already acquired the ordinary branches of learning taught in public schools: Provided, In case a public school shall not be taught for four months during the year within 2 miles by the nearest traveled road of the residence of any person within the school district, he shall not be liable to the provisions of this act.

No child under 10 years shall be employed in any factory, warehouse, or workshop. No child under 14 years of age shall be employed by any person, company, or corporation to labor in any business, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in such branches as are usually taught in primary schools for at least four months of the twelve next preceding the month in which such child shall be so employed: Provided, That a certificate from the director of the school district or superintendent in which such child shall have attended school shall be evidence of a compliance with the provisions of this act.

Every parent, guardian, or other person having charge or control of any child from eight to fourteen years of age who has been temporarily discharged from any business or employment shall send such child to some public or private day school for a period for which such child shall have been discharged, unless such child shall have been excused from such attendance by the board of the school district for reasons stated in the paragraph next preceding this.

Failure to comply with the above provisions is a misdemeanor, subjecting the guilty person to a fine of not fewer than $5 nor more than $10 for the first and of not fewer than $10 for each subsequent offense; and it shall be the duty of the officers detailed or appointed under the provisions of this act to assist in the enforcement thereof and to institute proceedings.

In all cities, villages, and townships in this State maintaining and supporting a graded school the board of education or other authority may establish one or more ungraded schools for the instruction of certain children, and may require such children to attend the school through the city police or village marshal. The following classes of persons, eight to sixteen years, shall be subject to this compulsion: Habitual truants from any school, the incorrigibly turbulent or disobedient, the vicious or immoral, and loiterers on the streets. If parent or guardian shall, after warning, fail to comply with the law, he or she shall be proceeded against before a justice of the peace and subjected to a fine of not fewer than $10 nor more than $25, or may be required to give bond for $100 that he will comply with the law. But if the offending party plead his inability to cause the child to attend school, then the child shall be sent to one of the State industrial schools, according to its sex.

Character of instruction. The district board shall specify the studies to be pursued in the schools of the district in addition to the branches in which instruction is now required to be given in the public schools [see Teachers, Appointment and qualifications]. Any school district containing more than 100 children between the ages of 5 and 20 years may, by a two-thirds vote of the qualified electors present at any meeting, organize as a graded school district, and shall immediately elect a board of trustees, who shall classify and grade the pupils of the district and cause them to be taught in such schools or departments as they may deem expedient, including a high school, if that grade of instruction be ordered by the district meeting, and to charge fees for any branch of such secondary instruction.

Text-books. The district board may purchase at the expense of the district such text-books as may be necessary for the use of children when parents are not able to furnish the same, and they shall include the amount of such purchase in the report to the township clerk or clerks, to be levied in like manner as other district taxes. From and after June 30, 1890, each school board of the State shall, when authorized by the district, purchase the text-books used by the pupils of the schools in its district in each of the following subjects: Orthography, spelling, writing, reading, geography, arithmetic, grammar (including language lessons), national and State history, civil government, and physiology and hygiene, and all text-books used in any district shall be uniform in any one subject. Text-books so adopted shall not be changed within five years. The text-books to be used for instruction in physiology and hygiene, with special reference to the nature of alcohol and narcotics and their effects upon the human system, shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics, and the books used in the highest grade of graded schools shall contain at least 20 pages of matter relating to this subject, and all text-books used in giving the foregoing instruction shall first be approved by the State board. When the district has authorized the district board to raise by tax a sufficient sum to comply with the foregoing provisions, it shall contract, at a price not greater than the net wholesale price or through advertisement, for the books selected, to be loaned to the pupils. Any district may take further action at a subsequent annual meeting after it has either adopted or rejected free text-books. Any officer refusing or neglecting to purchase or to provide the money for purchasing the text-books voted shall be deemed guilty of a misdemeanor, and upon conviction shall be liable to a fine of $50 or imprisonment in the county jail for thirty days, or both. But any board may buy its books of local dealers if sold as cheaply as offered in the lowest bid.

Buildings. The district board shall have the care and custody of the schoolhouse and other property of the district, except so far as the district shall not have confided the care and custody thereof to the director. It may be opened for public meetings unless determined otherwise. The director shall provide the necessary appendages and keep it in good condition and repair during the time school shall be taught, but he shall not purchase charts or any apparatus to be used in the schoolroom without a vote of the district authorizing him to do so. The district board shall purchase or lease in the corporate name of the district such sites for schoolhouses as shall have been lawfully designated, and shall build, hire, or purchase such schoolhouses as may be necessary out of the fund provided for that purpose and make sale of any site or other property of the district when lawfully directed by the qualified voters; but no district in any case shall build a stone or brick schoolhouse upon any site without having first obtained a title in fee to the same or a lease for ninety-nine years, nor shall any district build a frame schoolhouse on any site for which they have not a title in fee or a lease for fifty years without securing the privilege of removing the said schoolhouse. After schools have been maintained at least 8 months in the year, any surplus money arising from the one mill tax may be used in purchasing sites, buildings, or furniture, if so ordered by district meeting.

4. FINANCE.

Funds (permanent and special).-Taxation.

Funds (permanent and special). -The proceeds from the sales of all lands that have been or hereafter may be granted by the United States for educational purposes, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes, shall be a perpetual fund, the income of which shall be inviolably appropriated annually to the specific objects of the original gift, grant, or appropriation. All escheated lands shall become a part of the school fund. The State superintendent shall semiannually, on receiving notice from the auditor-general of the accounts thereof, and between the 1st and 10th day of May and of November, apportion interest of the primary school fund among the several townships and cities of the State in proportion to the number of children in each between the ages of 5 and 20 years, as shall appear from the reports of the boards of school inspectors made prior to the May apportionment or from the best sources of information at his command, and shall prepare a statement of the amount in the aggregate payable to each county; and on reception of such statement the auditor-general shall draw his warrant upon the State treasurer in favor of the treasurer of each county to the amount due. The superintendent shall also send written notices to the clerks of the several counties of the aggregate amount to be disbursed in their respective counties and the amount payable to the townships and cities therein respectively. In case any county, township, city, or district shall fail to receive its share of the interest of the school fund, such deficiency shall be made up in the next apportionment; and whenever any district has had three months' school, but has failed to have the full time of school required by law through no fault of the district or its officers, he may include such district in his apportionment.

All money derived from the dog tax remaining after the satisfaction of the claims of sheep owners shall be apportioned among the several school districts. if over $100, in proportion to the number of children of school age.

Taxation. It shall be the duty of the supervisor of the township to assess the taxes voted by every school district in his township, and also of all other taxes provided for by the school law chargeable against such district or township, upon the taxable property of the district or township respectively, and to place the same on the township assessment roll in the column for school taxes, and the same shall be collected and returned by the township treasurer in the same manner and for the same compensation as township taxes. He shall also assess 1 mill upon each dollar of taxable property, and all money so raised shall be apportioned by the township clerk to the district in which it was raised. The supervisor, on delivery of the warrant for the collection of taxes to the township treasurer, shall also deliver to him a written statement of the amount of school and library taxes, the amount raised for district purposes on the taxable property of each district in the township, the amount belonging to any new district on the division of the former district, the names of all persons having judgments assessed upon the taxable property of any district, with the amount payable, and the amount of the 1-mill tax levied within the bounds of a fractional school district a part of which is situate within his township but the returns of which are made to the clerk of another township, and the treasurer shall pay to the township treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional school district. The township treasurer shall retain in his hands out of the moneys collected by him, after deducting the amount of tax for township expenses, the full amount of the school taxes on the assessment roll, and hold the same subject to the warrant of the proper district officers, to the order of the school inspectors or other persons authorized to draw thereon, and give written notice to the township clerk of the amount. Any school district may by a two-thirds vote of its qualified electors present at an annual or at a meeting called specially for the purpose, issue bonds to pay for a schoolhouse site and to erect or furnish school buildings as follows:

Districts

Indebtedness.

Of fewer than 30 persons 5 to 20 years may incur not more than

$300

Of 30 persons 5 to 20 years may incur not more than....

500

Of 50 persons 5 to 20 years may incur not more than

1,000

Of 75 persons 5 to 20 years may incur not more than..

2,000

Of 100 persons 5 to 20 years may incur not more than.

3,000

Of 125 persons 5 to 20 years and an assessed valuation of property of

$150,000 or more may incur not more than....

5,000

Of 200 persons 5 to 20 years may incur not more than....

8,000

Of 300 persons 5 to 20 years may incur not more than.
Of 400 persons 5 to 20 years may incur not more than...

15,000

20,000

Of 500 persons 5 to 20 years may incur not more than.

25,000

Of 800 persons 5 to 20 years may incur not more than.

30,000

But in no case shall the indebtedness of a district extend beyond ten years for money borrowed. And in all proceedings under these provisions the director, assessor, and one person appointed by the district board shall constitute a board of inspection, who shall cause a poll list to be kept and a suitable ballot box to be used, which shall be kept open for two hours. When the school district shall have voted to borrow any sum of money, the district board shall issue the bonds thereof in sums of not less than $50 and at a rate of interest not greater than 8 per cent, and the district is authorized to provide for the payment of principal and interest by taxation [see also under Schools, Attendance].

WISCONSIN.

1. ORGANIZATION OF THE SYSTEM.

State superintendent. Inspector of free high schools.-State board of examiners.-County superintendent.-District and high school boards.-Township board of directors.City board of education. -Truant officers.

State superintendent.-A State superintendent shall be elected every two years. He may appoint an assistant, who shall perform such duties as the superintendent shall prescribe, also a chief clerk at a salary of $1,500 per annum, a clerk at not more than $1,200 who shall aid in the establishment and administration of libraries, and such other clerks, no one of which is to receive more than $1,000, as the work of his office may require. He shall have general supervision over the schools of the State; shall visit and inspect schools as far as practicable in every county, shall awaken an interest in public education and its improvement, shall recommend text-books and secure uniformity as far as practicable, discourage the use of sectarian books and instruction, and open correspondence which will acquaint him with the movement of educational affairs throughout the State. He shall prescribe rules for the management of school-district libraries, prepare suitable forms for the use of local officers, and cause the laws and necessary instructions to be printed in pamphlet form, and distribute them to those having care of the public schools, with whom he shall also communicate through circulars and bulletins of information. He shall publish courses of study for ungraded and high schools, decide all cases appealed to him, and prescribe rules of practice, collect such books, apparatus, maps, and charts as can be obtained without expense to the State, and purchase rare and valuable works on education, for which $150 may be drawn from the treasury, apportion and distribute the school fund, and make copies at the rate of 12 cents a folio of any papers on file in his office. He shall hold at least four conventions of county superintendents, and make a biennial report which shall contain an abstract of all the common-school reports received by him from the several clerks of the county board of supervisors, a statement of the common schools in the State, estimates and accounts of expenditures of the school money, plans for the improvement and management of the common-school fund and for the better organization of common schools, a statement of his official visits during the year, and all such matters relating to his office and the common schools of the State as he may deem expedient to communicate.

Inspector of free high schools. The State superintendent may appoint a person of suitable qualifications to assist him in visiting, inspecting, and supervising the free high schools of the State and to aid in giving any needed assistance to localities in organizing and maintaining free high schools in towns where no graded schools exist. State board of examiners.-(See Teachers, Appointment, qualifications, and duties.) County superintendent. There shall be elected (biennially) by each county a superintendent of schools, whose duty it shall be to examine and license teachers; to visit schools at least once in each year and note the condition of instruction and the buildings, including the adornment of the school grounds; to direct alterations and repairs required by hygienic laws if costing no more than $25; to condemn houses unfit for use; to report annually to county board of supervisors; to transmit to the State superintendent the abstract of the report received from city, town, or village clerks; to report upon such matters as the State superintendent may require; to organize and conduct at least one institute for the instruction of teachers during the year; to advise upon questions arising under the operation of the school board; to form inspection districts for the purpose of teachers. He shall not engage in teaching if receiving fewer than $800 per annum nor any other occupation, nor absent himself from the county or district to engage in any occupation during the term for which he is elected for such time or in such manner as to interfere with the proper discharge of his duties as superintendent of schools. Whenever the county seat is located in a city having a school system of its own and there shall be two county superintendent districts in the county both superintendents may reside at the county seat. The county board of supervisors may allow the county superintendent his traveling expenses, not over $200. Upon petition setting forth the reasons, the county judge, after a judicial investigation, may remove any county superintendent for cause shown.

District board. -The town board of each town shall have power to form and alter districts, but no district shall contain more than 36 square miles and must be composed of contiguous territory, nor shall a district be so diminished in size as to leave it with an indebtedness exceeding 5 per cent of its taxable property. The annual meeting of all school districts shall be held on the first Monday of July of each year, at 7 p. m., unless otherwise ordered by the district. The district shall have power to choose a director, treasurer, and clerk; to designate a site for a schoolhouse; to vote a tax to procure site and build, repair, or furnish the schoolhouse (Provided, That a district having fewer than 250 inhabitants must obtain the consent of the town board to raise more than $600 for building or purchasing a schoolhouse, and districts having fewer than 1,000 inhabitants must obtain the consent of the town board to raise more than $1,000); to vote a tax for teachers' wages on the following schedule: Districts having an average attendance of 15 shall not raise more than $350; 15 to 30, not more than $450; 30 to 40, not more than $550; to authorize the sale of any schoolhouse site or other property; to tax to pay indebtedness; to buy apparatus; to raise $100 or less sum annually to procure library; to borrow money; to admit to the schools persons over 20; to authorize the board to purchase text-books; to determine duration of the session of school; and to fix compensation of clerk. [For free high school district see "Schools, Character of instruction," and "Finances, Taxation."]

The officers of each school district shall be a director, treasurer, and clerk, who shall be residents of the district, and shall hold for three years, one being elected annually; together they form the district board, and in case of vacancy the other members shall fill it. The district board shall execute the decisions of the district meeting, and shall have the care and keeping of the school property, may purchase national flags, shall contract with teachers, expel pupils for cause, and determine what schoolbooks shall be used and what branches other than as required by law be taught in the school under their charge.

The clerk shall annually make a report under oath to the town clerk containing the number of children, by sex, 4 to 20 years of age, and the names of their parents or guardians; the number, 4 to 20, taught in the schools, by sex; the number in school under 4 and over 20; the number of days schools are taught by qualified teachers, including holidays, and the days teachers have attended an institute; the names of all teachers employed during the year, the number of days taught by each, the monthly wages paid to each, and the time allowed for attendance on teachers' institute; the amount of money received from the town treasurer during the year, designating the amount received from apportionment of the common school income, the amount of public money received in each, the number of children taught in each, and the number 4 to 20 years; the amount of money received in the town for school purposes since the date of the last preceding report (setting forth separately the amount received from the State, the amount levied by the county board, the amount raised by the town at its annual meeting in towns where the township system of school government has been adopted); the amount raised by district tax, the manner in which such moneys have been disbursed, the balance on hand, and generally such other facts as the State superintendent may require concerning public or private schools.

Each town clerk shall make a report to the county superintendent, stating the whole number of school districts set off within the town and the number of parts of joint districts in which the schoolhouses belonging thereto are located, the districts or parts of districts in which reports shall have been made, and length of time school has been taught in each district reporting.

Township board of directors. -Any town may vote to adopt the township system, and the several school districts and parts of joint districts within the town shall then be styled subdistricts. The clerks of the several subdistricts and parts of joint districts shall constitute the town board of school directors.

The board of school directors of each town shall have power, out of the funds provided by the town for that purpose, to purchase or hire sites, houses, and rooms for the use of schools, and to fence and improve the same, as they may deem proper, and upon such sites to build, enlarge, alter, improve, and repair schoolhouses, outhouses, or any other building for school purposes, as they may deem advisable; and also, whenever in the opinion of the board any schoolhouse or schoolhouse site is no longer needed for school purposes, the same may be sold and conveyed in the corporate name of the board, such conveyance to be executed by the president and secretary of the board.

Said board shall establish and maintain such and so many schools in the several subdistricts under their charge as they may deem requisite and expedient: Provided, That there shall be at least one common school in each subdistrict, and that all such schools shall be kept each year not less than six months. The board shall have, in all respects, the supervision and management of all the schools, with full power to adopt, enforce, modify, and repeal from time to time all rules and regulations not inconsistent with the laws of this State necessary for their organization, gradation, and control, and for the instruction given by them in the different branches of education taught therein, and to establish and enforce proper penalties for the violation of such rules. It shall elect a secretary, who may or may not be a member, who shall perform the duties of clerk and superintendent.

All powers conferred upon district boards by the provisions of the school law excepting those the exercise of which would conflict with the provisions of law relative to the township system, are hereby conferred upon the town boards of directors herein provided for.

Truant officers. -See under Schools, Attendance.

2. TEACHERS.

Appointment, qualifications, and duties. Preliminary training. -Meetings.

Appointment, qualifications, and duties. Every person who shall desire to teach in any of the common schools, unless holding a diploma or certificate then authorizing that person to teach, shall procure such certificate from the proper examining officer, and no certificate shall have force except in the district of the examining officer issuing it; but any county superintendent may call upon another to send him the examination papers upon which a certificate was issued, and if satisfactory may issue a certificate of like grade.

Certificates shall be of three grades. The third-grade certificate shall entitle the holder to teach one year or less in any town of the superintendent's district in which

ED 94-76