COMPULSORY EDUCATION

SECTION 7762. Branches children must be taught. All parents, guardians and other persons who have care of children, shall instruct them, or cause them to be instructed in reading, spelling, writing, English grammar, geography, and arithmetic. (R. S. Sec. 4022-1.)

SECTION 7763. School attendance. Every parent, guardian or other person having charge of any child between the ages of eight and fifteen years if a male, and sixteen years of age, if a female, must send such child to a public, private or parochial school for the full time that the school attended is in session, which shall in no case be less than twenty-eight weeks. Such attendance must begin within the first week of the school term, unless the child is excused therefrom by the superintendent of the public schools, or by the principal of the private or parochial school, upon satis. factory showing either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, in the opinion of such superintendent or clerk, as the case may be, to teach the branches named in the next preceding section. (R. S. Sec. 4022-1, as amended February 16, 1914.)

SECTION 7764. Appeal in case of refusal to excuse. In case such superintendent, principal or clerk refuses to excuse a child from attendance at school, an appeal may be taken from such decision to the judge of the juvenile court of the county, upon the giving of a bond, within ten days thereafter, to the approval of such judge, to pay the costs of the appeal. His decision in the matter shall be final. All children between the ages of fifteen and sixteen years, not engaged in some regular employment, shall attend school for the full term the schools of the district in which they reside are in session during the school year, unless excused for the reasons above named. (R. S, Sec. 4022-1, as amended April 28, 1913.)

SECTION 7765. Age and school certificate of girls and boys employed. No boy under sixteen years of age and no girl under eighteen years of age shall be employed or be in the employment of any person, company or corporation unless such child presents to such person, company or corporation an age and school certificate herein provided for, as a condition of employment. Such employer shall keep the same on file in the establishment where such minor is employed for inspection by the truant officer or officers of the department of workshops and factories. (R. S. Sec. 4022-2, as amended April 28, 1913.)

SECTION 7766. Approval of certificate. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, or, in case of vacancy in the office of superintendent, by the clerk of the board of education, upon satisfactory proof that such child, if a male, is over fifteen years of age or, if a female, is over sixteen years of age and that such child has been examined and passed a satisfactory sixth-grade test, if a male, a seventh-grade test, if a female, in the studies enumerated in section seventy-seven hundred and sixty-two, provided, that residents of other states who work in Ohio must qualify as aforesaid with the proper school authority in the district in which the establishment is located, as a condition of employment or service, and that the employment contemplated by the child is not prohibited by any law regulating the employment of such children. Every such age and schooling certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued.

Juvenile examiner; duties and compensation. In order to ascertain whether `applicants for such certificates have satisfactorily completed the studies herein prescribed as a condition for the issuance of said certificates the board of education of each city school district may appoint juvenile examiner who shall receive such

compensation as may be fixed by the board of education. No such child residing in a city shall be granted such certificate unless such juvenile examiner shall have previously certified that he has examined such child and that he has passed to his satisfaction the grade test as provided by this section; provided, further, that if a child in the opinion of said juvenile examiner is below the normal in mental development so that he cannot with due industry pass such test, and if the school record shows that such child is below the normal in development, such fact may be certified to by said examiner, and the superintendent or person authorized by him may at his discretion grant such child such age and schooling certificate. Provided, that if said examiner is satisfied that the standard of any school is sufficiently high, he may accept the records thereof as showing that such child has passed such test without further examination.

Form of certificate. The age and schooling certificate must be formulated by the superintendent of public instruction, and furnished in blank by the clerk of the board of education. It shall show the date of its issue. A record giving all the facts contained on every certificate issued shall be kept on file in the office issuing the same, and also a record of the names and addresses of the children to whom certificates have been refused, together with the names of the schools which such children should attend and the reasons for refusal.

List to whom certificates issued furnished industrial commission. The superintendent of schools or other persons authorized to issue employment certificates shall transmit between the first and tenth days of each month, to the office of the industrial commission, upon blanks to be furnished by it, a list of the names of the children to whom certificates have been issued, returned or refused. Such lists shall give the name and address of the prospective employer and the nature of the occupation the child intends to engage in.

Child shall be placed in school who ceases to work. Any child between fifteen and sixteen years of age, who shall cease to work for any cause whatever, shall report the fact and cause at once to the superintendent of schoois; or to a person authorized by him or, in case there is a vacancy in the office of superintendent, to the clerk of the board of education; said child shall be required to return to school within two weeks, provided other employment is not secured within such time; provided that, should a child in the opinion of the superintendent or person acting in his stead, lose his employment by reason of persistent, wilful misconduct or continuous inconstancy, he may be placed in school until the close of the current school year.

Papers to be approved and filed before certificate issued. The superintendent of schools or the person authorized by him to issue age and schooling certificates, shall not issue such certificates until he has received, examined, approved and filed the following papers duly executed.

(1) The written pledge or promise of the person, partnership, or corporation to legally employ the child, also the written agreement to return to the superintendent of schools or to the person authorized by him to issue such certificates, the age and schooling certificate of the child within two days from the date of the child's withdrawal or dismissal from the service of the person, partnership, or corporation, giving the reason for such withdrawal or dismissal.

(2) The school record of such child, properly filled out and signed by the principal or other person in charge of the school which such child last attended, giving the name, age, address, standing in studies enumerated in section seven thousand seven hundred and sixty-two, and the number of weeks attendance in school during the school year previous to applying for such school record, and general conduct.

(3) As evidence of age (a) a passport or duly attested transcript of a passport, filed with a register of passports or other officer charged with the duty of registering

passports at the several ports of entry to the United States; duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child; or (b) a duly attested transcript of the birth certificate filed according to law with a register of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of the child. (c) In case none of the above proofs of age can be produced; other documentary evidence of age which shall appear to be satisfactory to the officer issuing the certificate, (aside from the school record of such child or the affidavit of parent, guardian or custodian), may be accepted in lieu thereof. In such case a school census or enumeration record, duly attested, may be used as proof of age in the discretion of the officer issuing the certificate. (d) In case no documentary proof of age of any kind can be procured, the officer issuing the certificate may receive and file an application signed by the parent, guardian or custodian of the child for a physician's certificate. Such application shall contain the name, alleged age, place and date of birth, and present residence of the child, together with such further facts as may be of assistance in determining the age of such child, and shall contain a statement certifying that the parent, guardian or custodian signing such application is unable to produce any of the documentary proofs of age specified in the preceding subdivisions of this section. If the superintendent or officer authorized by him to issue such certificate, is satisfied that a reasonable effort to procure such documentary proof has been made, the certificate of the school physician, or, if there be none, of a physician employed for the purpose by the board of education that such physician has made a physical examination of such child and is satisfied that he is more than fifteen years of age, if a male or that she is more than sixteen years of age, if a female shall be accepted as sufficient proof of the age of such child for the purpose of this act:

(4) A certificate from the school physician or if there should be none, of the board of health, and if there be no board of health, within the school district in question, from a licensed physician appointed by the board of education showing that the child is physically fit to be employed in any of the occupations permitted by law for a child between fifteen and sixteen years of age. Provided that if the records of the school physician show such child to have been previously sound in health, no further physician's certificate need be required, but the officer authorized to issue such certificate may at his discretion require such physician's certificate in any case, as a condition to the issuing of an age and schooling certificate.

The superintendent or person authorized by him may issue special vacation certificates to boys under sixteen years of age and girls under eighteen years of age, which shall entitle the holder thereof to be employed during vacation in occupations not forbidden by law to such children even though such child may not have completed the sixth grade, but provided he has complied with all the other requirements for obtaining the certificate hereinbefore described. (R. S. Sec. 4022-2, as amended February 5, 1914.)

SECTION 7767. Part time day schools. All minors over the age of fifteen and under the age of sixteen years, who have not passed a satisfactory sixth grade test in the studies enumerated in section seventy-seven hundred and sixty-two, shall attend school as provided in section seventy-seven hundred and sixty-three, and all the provisions thereof shall apply to such minors.

In case the board of education of any school district establishes part time day schools for the instruction of youths over fifteen years of age who are engaged in regular employment, such board of education is authorized to require all youths who have not satisfactorily completed the eighth grade of the elementary schools, to continue their schooling until they are sixteen years of age; provided, however, that such youths if they have been granted age and schooling certificates and are regularly employed, shall be required to attend school not to exceed eight hours a week betwen the hours of 8 a. m. and 5 p. m. during the school term. All youths between fifteen

and sixteen years of age, who are not employed, shall be required to attend school the full time. (R. S. Sec. 4022-3, as amended April 28, 1913.)

SECTION 7768. Truants. Every child between the ages of eight and fifteen years, if a male, or between the ages of eight and sixteen years, if a female, and every male child between the ages of fifteen and sixteen years not engaged in some regular employment, who is an habitual truant from school, or who absents itself habitually from school, or who, while in attendance at any public, private or parochial school, is incorrigible, vicious or immoral in conduct, or who habitually wanders about the streets and public places during school hours having no business or lawful occupation, or violates any of the provisions of this act, shall be deemed a delinquent child, and shall be subject to the provisions of law relating to delinquent children. (R. S. Sec. 4022-4 as amended April 28, 1913.)

SECTION 7769. Truant officers. To aid in the enforcement hereof, truant officers shall be appointed as follows: In city districts the board of education must appoint and employ a truant officer, and may employ such assistants to such truant officer as may be deemed advisable; in village and rural districts the board of education shall appoint a constable or other person as truant officer. The compensation of the truant officer and assistants shall be fixed and paid by the board appointing them. (R. S. Sec. 4022-5, as amended February 16, 1914.)

SECTION 7770. Powers of truant officers. Truant officers and assistants shall be vested with police powers, and the authority to serve warrants, and have authority to enter workshops, factories, stores and all other places where children are employed, and do whatever may be necessary, in the way of investigation or otherwise, to enforce this act. He also may take into custody any youth between eight and fifteen years of age, or between fifteen and sixteen years of age when not regularly employed who is not attending school, and shall conduct such youth to the school he has been attending, or which he rightfully should attend. (R. S. Sec. 4022-5, as amended April 28, 1913.)

SECTION 7771. Duties of truant officer; record. The truant officer shall institute proceedings against any officer, parent, guardian, person, partnership or corporation violating any provisions of this chapter, and otherwise discharge the duties described therein, and perform such other service as the superintendent of schools of the board of education may deem necessary to preserve the morals and secure the good conduct of school children, and to enforce the provisions of this chapter. The truant officer shall keep on file the name, address and record of all children between the ages of fifteen and sixteen to whom age and schooling certificates have been granted who desire employment, and manufacturers, employers.or other persons requiring help of legal age shall have access to such files. The truant officer shall coöperate with the industrial commission in enforcing the conditions and requirements of the child labor laws of Ohio, furnishing upon request such data as he has collected in his reports of children from eight to sixteen years of age and also concerning employers, to the industrial commission and to the superintendent of public instruction. He must keep a record of his transactions for the inspection and information of the superintendent of schools and board of education; and make daily reports to the superintendent during the school term in districts having them, and to the clerk of the board of education in districts not having superintendents as often as required by him. Suitable blanks for the use of the truant officer shall be provided by the clerk of the board of education. (R. S. Sec. 4022-5, as amended February 16, 1914.

SECTION 7772. Report of teachers to clerks. Principals and teachers of all schools, public, private and parochial, shall report to the clerk of the board of education of the city, village or rural district in which the schools are situated, the names,

ages and residence of all pupils in attendance at their schools, together with such other facts as said clerk may require in order to facilitate the carrying out of the provisions of this chapter. The clerk shall furnish blanks for such purpose, and such report shall be made during the last week of each month from September to June inclusive of each year. Such principals and teachers also must report to the truant officer, the superintendent of public schools, or the clerk of the board of education, all . cases of truancy or incorrigibility in their respective schools as soon after these offenses have been committed as practicable. It shall further be within the power of all principals or teachers in charge of schools, whenever a child in school reaches his or her twelfth year and has not completed the fourth grade work in the studies Enumerated in section seventy-seven hundred sixty-two, to relieve such child from pursuing the regular course prescribed, and cause such child to give his entire time to reading, writing, spelling, geography, arithmetic and the use of the English language with as much manual training as opportunity and funds will permit. (R. S. Sec. 4022-6, as amended February 16, 1914.)

SECTION 7773. Notice to parent of truancy of child; complaint. On the request of the superintendent of schools or the board of education or when it otherwise comes to his notice, the truant officer shall examine into any case of truancy within his district, and warn the truant and his parents, guardian or other person in charge, in writing, of the final consequence of truancy if persisted in. When any child between the age of eight and fifteen years, or between the ages of fifteen and sixteen years, in violation of the provisions of this chapter is not regularly employed and is not attending school, the truant officer shall notify the parent, guardian or other person in charge of such child, of the fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within two days from the date of the notice; and it shall be the duty of the parent, guardian or other person in charge of the child so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall make complaint against the parent, guardian or other person in charge of the child, in any court of competent jurisdiction in the city, village or rural district in which the offense occurred for such failure. (R. S. Sec. 4022-7, as amended February 16, 1914.)

SECTION 7774. Proceedings against disorderly juvenile persons. If the parents guardian or other person in charge of any child, upon complaint for a failure to cause the child to attend a recognized school, proves inability to do so, than he or she must be discharged and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of section seventy-seven hundred and sixty-eight. If such complaint be made before the mayor, justice of the peace, or police judge, it must be certified by such magistrate to the judge of the juvenile court who shall hear the complaint and if he determines that the child is a juvenile disorderly person within the meaning of such section, and if under ten years of age, and eligible for admission thereto he shall commit the child to a children's home, or if not eligible, then to a house of refuge, if there be one in the county, or otherwise committed as provided by law. (R. S. Sec. 4022-8, as amended April 28, 1913.)

SECTION 7775, repealed April 28, 1913.

SECTION 7776. Costs. The expense incurred in the transportation of a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, or the child discharged, or in which judgment is suspended, shall be paid by the county where the offense was committed, after the manner provided in case of commitment to a boys' industrial school. But if for any cause the parent, guardian or other person in charge of a juvenile disorderly person as defined in section seventyseven hundred and sixty-eight fails to cause such person to attend school, then complaint against such person shall be made, heard and determined in like manner as