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Subject to examination.

1898 Buildings may be used by private schools when not otherwise

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Pupils may be in private schools approved by school board.
Pupils may be taught at home by competent instructor.
Must be for like period and of like quality as public.

Hours, terms, studies same as publíc. Open to public and re-
ports made, excepting expenses.

Must be like public schools in hours and studies and report, excepting expenses.

Private schools must be approved by school board.

Must have same hours and studies at public schools.

Hours, terms, and studies same as public schools; open to
public; report, except expenses.

May be taught at home by a competent instructor.
Pupils subject to examination.

Private schools are supervised by public inspector.

Colorado

Connecticut

Idaho

Illinois

Indiana

Kansas

1899

Kentucky

Maine..

1899

Massachusetts.

1892

Michigan.....

Minnesota.

Montana

Nebraska.

1901

Nevada...

1897

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1899

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The supervision of private schools will insure a general standard of excellence in all of the schools of the islands, and incidentally will make it possible to have a compulsory school law of real worth.

One division superintendent has recently summed up the situation in his field as follows:

"The amendment to the school law most urgent at present is a mandatory clause, even if limited, whereby the attendance can be increased in each school sufficiently to justify the expense entailed. Under the present law, money, time, and energy are being sacrificed. I do not advocate an unqualified compulsory law. The desired ends can be reached by a law so qualified as to be unobjectionable to any fair-minded Filipino. Of course the rabid church element must be eliminated from this category, as it is in all progressive countries. I would recommend one of the following:

"(a) That all parents or guardians of children between the ages of 6 and 14 years be obliged to send their children to the free public schools for at least five months of each school year.

(b) That all parents or guardians of children between the ages of 6 and 14 years be obliged to send said children to he free public school during at least one session (morning or afternoon) during the entire school year.

"(e) That all parents or guardians having children between the ages of 8 and 14 be obliged to send said children to the free public school for at least six months during the school year.

"The first proposition would be similar to the school laws of Cuba, which, judging from reports, are very satisfactory. The second proposition would permit the children to spend either the morning or afternoon in the public school and the second session in the church school. This would mitigate the objectionable freature of the present law, as they see it. The third proposition would eliminate all children below the age of 8 years, thus allowing them to attend the church school and master

the catechism, which they contend to be essential. At the same time it would relieve the overcrowded condition of the public schools, which would prevail under such a law, filling the schools with children sufficiently advanced in years to realize the value of their time and make great progress. Of the three above propositions I prefer the third.”

A compulsory school law is a necessary thing for any country where the purpose is to secure general education. Twenty-nine States and two Territories in the United States have passed compulsory school laws, defining the ages to which the law shall apply, the annual term of school attendance, and the penalty imposed upon parents and guardians for violations of the law.

Compulsory education requirements in the United States.

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Penalty on parents or guardians.

Fine $25 (maximum).

Each offense, $10 (maximum).
Fine $10 to $50.

Each offense, forfeit not exceed-
ing $20.

Each offense, fine $20 (maximum). For each week's neglect, fine $5 (maximum).

First offense, fine $5 (maximum); each subsequent offense, $50 (maximum), or imprisonment 30 days.

Each offense, $10 to $25 or impris onment 1 to 3 months.

First offense, $2 (maximum); each subsequent offense, $5 (maxi

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First offense, $5 to $10; each subsequent offense, $10 (minimum). Fine, $3 to $20.

First offense, $10 to $25; each sub-
sequent offense, $25 to $50.

First offense, $5 to $20; each sub-
sequent offense, $10 to $50.
Fine, $10 to $20.

Each offense, $10 to $50.

First offense, fine $5 to $10; each
subsequent offense, $10 to $20.
Each offense, $5 to $20 or 30 days'
imprisonment.

Each offense, $25 (maximum).
Each offense, $5 to $25.
Fine, $1 to $25, or imprisonment
for not more than 10 days.
First offense, $10 (maximum);
each subsequent offense, $30.
First offense, $50 to $100; each sub-
sequent offense, $100 to $200.
First, $5 to $20, subsequent of
fenses, $10 to $50.

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The law applies to youths 12 to 16 years of age if discharged from employment in order to receive instruction.

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The following shows the status of compulsory education in foreign countries:
Compulsory education in foreign countries.

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Penalty.

Fine $3.50 (maximum) or impris onment up to 2 days.

Fine $11 (maximum) or 8 days' imprisonment.

First and second offenses, warn-
ing; subsequent, fine $3 (maxi-
mum) and imprisonment 5 days.
Determined by local by-laws.

Fine $5 or imprisonment 14 days.
Fine from 35 cents to $1.50.

Each offense 10 cents to $2.
Fines.

Each offense 70 cents (maximum)
or imprisonment up to 3 days.
Fine $1.50 to $7 or imprisonment
from 1 day to 6 weeks.

Fines and imprisonment.

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a 13 to 16 in secular Sunday schools.

b 12 to 15 continuation.

e From 8 until confirmation; in towns from 7 until confirmation.

d Special dispensation after 7 years' attendance and 1 year's prolongation for ignorance.
e Compulsion not enforced.

To attempt general education here without such a law would presuppose a greater interest in education than exists in the most cultured nations.

It is respectfully recommended that the Commission empower the presidents of the pueblos to compel attendance by proclamation on the advice of the division superintendents (who would not give such advice unless there were sufficient school accommodations). This law should require attendance at some authorized school of all children between 6 and 12 years of age. It should by no means limit the attendance to the public school. It should make special provision for servants within this age, compelling their attendance but a portion of the regular time. Only where the municipal authorities are in sympathy with such a law can it be successfully enforced. The division superintendents have recommended it, stating that many presidents were willing to pass such a regulation were they so empowered.

The honorable attorney-general, in closing an opinion, dated August 15, 1902, on the question whether municipal councils have the right to make an ordinance compelling attendance of children at school, says:

"Our opinion is that the municipalities of the Philippines have not the power to compel attendance under a power to establish and maintain primary schools,' and that it is not such exercise of police power as can be inferentially granted by a general authority, but must be expressly delegated by or necessarily implied from a specific act. Finally, the legislature not having itself exercised the power, it can not be deemed to have delegated it, and the action of the municipality would be ultra vires, because contrary to public policy.'

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The question was raised by the action of several municipalities which had taken upon themselves the making of provisions to compel attendance. The lack of attendance in the majority of cases does not arise from hostility to the public schools, but from the fact that the labor of the children is desired by parents and guardians in household work or in the fields to such an extent as to almost empty schoolhouses in some sections of the country during the rice harvest and similar seasons.

The opinion above quoted simplifies the problem. The Philippine Commission has but to pass an act permitting the municipalities to pass such an ordinance if they desire. This will leave the matter in the hands of the local authorities, who will see to it that no hardship is thereby imposed.

I therefore repeat the recommendation which has recently been reaffirmed by the superior advisory board, that such provision be made for the passage of compulsory attendance ordinances by the municipalities, with authority for the municipality to fix the fines for violation thereof, within fixed limits.

Some complaints of irregularities in payment of salaries of native teachers have been received, and these cases have led division superintendents in some cases to recommend provision for collection and payment of school funds through provincial treasurers, instead of municipalities. Such a departure from existing provisions is not to be hastily recommended, but the following quotation will show the opinion that is held by a few supervisors:

"To sustain the work at the present standard and supply teachers for the secondary school there should be 25 American teachers in this division. This leaves 11 pueblos without teachers."

PAYMENT OF SALARIES OF NATIVE TEACHERS.

Many letters on this subject have been received, of which the following is a good example:

"The municipal code should be amended in such a manner as to leave no question that the municipality is to pay the native teacher.

"Not once but several times I have found municipalities who did not feel that this was expected of them. They argued that since a government employee appointed the teacher and fixed his salary, the government expected to pay that salary. Others when instructed to pay the salary have assumed the right to fix it and also to appoint the teacher. The municipal code should be so amended as to make these points perfectly clear. I believe it advisable to so amend the school law that it may be permissible to change salaries of native teachers during the school year, for the following reasons:

"First. Through local stringency in public funds it may be impossible to pay a teacher the salary he is worth. During the year local conditions may change for the better, and it may be possible for the underpaid teacher to share this increased prosperity.

"Or (second), the reverse might be the case. Larger prosperity might make it possible for the teacher to receive a salary that would not be justified under straitened circumstances. During the course of the year crops may fail, municipal resources fall off, and make it impossible for the town to meet expenses on its former scale of expenditures. But the municipal code does not permit a pueblo to get into debt. This expenditure can not be changed. It can not be met and the town can not get into debt. How could such conditions be reconciled? But the most important reason for making a change of salaries possible is the incentive it will give the native teacher to strive for better work, to work for advancement, for he will know that by his work he will be gauged and his salary fixed. If a teacher feels that after the Christmas holidays he may secure a raise in salary through progress in his work, it will serve to keep him up to his best efforts."

SCHOOL OF FINE ARTS, MUSIC, AND PAINTING.

It is recommended that there be substituted for the art course now offered by the normal school a school of fine arts to furnish instruction in music, drawing, painting, etc., to students from all parts of the archipelago. Such a school is very much desired

by the Filipino people and would be in the line of strongest intellectual interest and capacity.

An appropriation of $15,000 for 1903 is suggested.

SPECIAL SCHOOLS.

Attention is again called to the need of reform schools and schools for the deaf, dumb, and blind.

SUMMARY.

To sum up in a word: Popular education, on which the whole structure must naturally rest ultimately, has been strengthened and broadened. Steps have also been taken at the same time in the direction of higher education, especially in the preparation of Filipinos to teach their own people. The instruction of English is the cardinal point of the present system of education. Respectfully submitted.

FRED W. ATKINSON,

General Superintendent of Public Instruction for the Philippine Islands.

EXHIBIT A.

List of American teachers and their respective stations, September 1, 1902.

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