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Compulsory Education of Children.

9

mitment by him to a truant school as provided for in the next section. The attendance officer shall promptly report such arrest and the disposition made by him of such child, to the school authorities of the said city, village or district where such child is lawfully required to attend upon instruction or to such person as they may direct. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, § 4.)

§ 9. Truant schools. The school anthorities of any city or school district may establish schools, or set apart separate rooms in public school buildings, for children between eight and sixteen years of age who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordinate and disorderly during their attendance upon such instruction, or irregular in such attendance. Such school or room shall be known as a truant school; but no person convicted of crimes or misdemeanors, other than truancy, shall be committed thereto. Such authorities may provide for the confinement, maintenance and instruction of such children in such schools; and they or the superintendent of schools in any city or school district may, after reasonable notice to such child and the person in parental rela tion to such child, and an opportunity for them to be heard, and with the consent in writing of the persons in parental relation to such child, order such child to attend such school or to be confined and maintained therein for such period and under such rules and regulations as such authorities may prescribe, not exceeding the remainder of the school year, or may order such child to be confined and maintained during such period in any private school, orphans' home or similar institution controlled by persons of the same religious faith as the persons in parental relation to such child, and which is willing and able to receive, confine and maintain such child, upon such terms as to compensation as may be agreed upon between such authorities and such private school, orphans' home or similar institution. If the persons in parental relation to such child shall not consent to either such order, such conduct of the child shall be deemed disorderly conduct, and the child may be proceeded against as a disorderly person, and upon conviction thereof, if the child was lawfully required to attend a public school, the child shall be sentenced to be confined and maintained in such truant school for the remainder of the cur rent school year; or if such child was lawfully required to attend upon instruction otherwise than at a public school, the child may

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be sentenced to be confined and maintained for the balance of such school year in such private school, orphans' home or other similar institution, if there be one, controlled by persons of the same religious faith as the person in parental relation to such child, which is willing and able to receive, confine and maintain such child for a reasonable compensation. Such confinement shall be conducted with a view to the improvement, and to the restoration, as soon as practicable, of such child to the institution elsewhere, upon which he may be lawfully required to attend. The authorities committing any such child and in cities and villages the superintendent of schools therein shall have authority in their discretion to parole at any time any truant so committed by them. Every child suspended from attendance from instruction by the authorities in charge of furnishing such instruction, for more than one week, shall be required to attend such truant school during the period of such suspension. The school authorities of any city or school district, not having a truant school, may contract with any other city or district having a truant school, for the confinement, maintenance and instruction therein of children whom such school authorities might require to attend a truant school, if there were one in their own city or district. Industrial training shall be furnished in every such truant school. The expense attending the commitment and costs of maintenance of any truant residing in any city or village employing a superintendent of schools shall be a charge against such city or village, and in all other cases shall be a county charge. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, § 5.)

§ 10. Withholding the State moneys by State superintendent. The State superintendent of public instruction may withhold one-half of all public school moneys from any city or district, which in his judgment, willfully omits and refuses to enforce the provisions of this act, after due notice, so often and so long as such willful omission and refusal shall, in his judgment, continue; but whenever the provisions of this act shall have been complied with, all moneys so withheld shall be paid over by said State superintendent to such city or district. The said State superintendent is hereby authorized and empowered to employ such assistants as he may deem necessary to properly carry this act into effect. He may remove such assistants from time to time and appoint their successors. He shall fix their

Compulsory Education of Children.

SS 11-13

salaries, and under his direction such assistants shall investigate the extent to which this act is complied with in the cities and school districts of the State, and make such reports, and perform sach other duties as the said superintendent shall determine. Such assistants shall be paid in addition to their salaries their necessary traveling and other expenses incurred in the discharge of their official duties, to be audited by the State superintendent. The sum of twelve thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act, including payment of salaries, expenses, and blanks, to be paid upon the warrant of the comptroller on the order of the State superintendent of public instruction. (Added by chap. 671 of 1894, and amended by chap. 988 of 1895.)

§ 11. Law repealed.-Chapter four hundred and twenty-one of the laws of eighteen hundred and seventy-four is hereby repealed. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, § 6.)

12. When to take effect. This act shall take effect January first, eighteen hundred and ninety-five. (Added by chap. 671 of 1894.)

§ 13. Reference to this law. This chapter shall be known as title sixteen of the "Consolidated School Law." (Added by chap. 671 of 1894.)

SCHEDULE OF LAWS REPEALED.

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