CHAP. 48 may select text books and contract unless by vote of the town; any person violating this provision shall forfeit not exceeding five hundred dollars, to be recovered in an action of debt by any school officer or person aggrieved. And when said committee have made such selection of school books, they may contract, under section nineteen, with the publishers for the purchase and delivery thereof; make such rules as they deem effectual for their preservation and return; or, if they are kept for sale, may regulate the sale and appoint an of text books. agent to keep and sell them, and fix the retail price, which shall be marked on the title page of each book. for same. -may regulate sale physiology and hygiene. 'II. They shall make provision for the instruction of all Instruction in pupils in schools, supported by public money or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. teachers. 'III. After due notice and investigation they shall dismiss Dismissal of any teacher, although having the requisite certificate, who proves unfit to teach, or whose services they deem unprofitable to the school; and give to said teacher a certificate of dismissal and of the reasons therefor, a copy of which they shall retain, and such dismissal shall not deprive the teacher of compensation for previous services. disobedient pupils. repentant IV. Expel any obstinately disobedient and disorderly May expel scholar, after a proper investigation of his behavior, if found necessary for the peace and usefulness of the school; and restore may restore him on satisfactory evidence of his repentance and amendment. 'V. Exclude, if they deem it expedient, any person not vaccinated, although otherwise entitled to admission. 'VI. Prescribe the sum, on payment of which persons of the required age, resident on territory, the jurisdiction of which has been ceded to the United States, included in or surrounded by the town, may attend school in the town. pupils. May exclude persons not vaccinated. May tuition of pupils residing on territory ceded to prescribe U.S. pupils. -may transfer pupils. 'VII. Determine what description of scholars shall attend May classify each school, classify them, and transfer them from school to school where more than one school is kept at the same time.' Section 6. Section thirty-six of said chapter fifteen is hereby amended by inserting after the words "shall direct," in the third line of said section, the words: I. They shall appoint suitable times and places for the examination of candidates proposing to teach in town, and shall give notice thereof by posting the same in two or more public places within the town at least three weeks before the time of said examination, or by the publication of said notice for a like time in one or more newspapers having the largest circulation in the county. Five days constitute the school week, and four weeks a school month.' Section 36, amended. chapter 15, Shall appoint places for times and examinations of teachers. CHAP. 48 Paragraphs of section 36, renumbered. Superintendent of schools shall be secretary of school committee. Shall appoint times and places for examinations. Qualifications of teachers. Certificates to be given. Shall employ teachers. School census. Also by re-numbering the several paragraphs of said section, so that said section thirty-six as amended, shall read as follows: 'Section 36. The superintendent of schools in every town shall be, ex-officio, secretary of the superintending school committee and shall perform such duties not herein enumerated as said committee shall direct. 'I. He shall appoint suitable times and places for the examination of candidates proposing to teach in town, and shall give notice thereof by posting the same in two or more public places within the town at least three weeks before the time of said examination, or by the publication of said notice for a like time in one or more newspapers having the largest circulation in the county. Five days constitute the school week, and four weeks. a school month. 'II. On satisfactory evidence that a candidate possesses a good moral character and a temper and disposition suitable for an instructor of youth, he shall examine him in reading, spelling, English grammar, geography, history, arithmetic, civil government, bookkeeping, and physiology with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system; and the elements of the natural sciences, especially as applied to agriculture, and such other branches as the superintending school committee desire to introduce into public schools, and particularly into the school for which he is examined; also as to his capacity for the government thereof. 'III. He shall give to each candidate found competent, a certificate that he is qualified to govern said school and instruct in the branches above named, and such other branches as may be necessary to be taught therein, or he may render valid by indorsement any graded certificates issued to teachers by normal school principals. No certificate shall be granted any person to teach in the public schools of the state, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. 'IV. He shall employ teachers, subject to the approval of the superintending school committee. 'V. He shall return under oath to the school committee, in April annually, a certified list of the names and ages of all persons in his town from five to twenty-one years, corrected to the first day of said month, leaving out of said enumeration all persons coming from other places to attend any college or academy, or to labor in any factory, or at any manufacturing or other business.' CHAP. 48 Section 38, amended. Section 7. Section thirty-eight of said chapter fifteen is hereby amended by striking out the words "he shall annually chapter 15, make a statement containing" in the first line of said section and inserting in place thereof the words 'the return called for in section thirty-seven shall contain,' also by striking out, after the word "particulars," in the second line of said section, all of paragraph one of said section, which paragraph is as follows: stricken out. "I. The amount of money raised and expended for the sup- Paragraph 1, port of schools, designating what part is raised by taxes, and what part from other funds, and how such funds accrued;" also by re-numbering the several paragraphs of said section, so that said section thirty-eight as amended, shall read as follows: 'Section 38. The return called for in section thirty-seven Return shall contain the following particulars: 'I. The number of children between five and twenty-one years of age, belonging to his town, on the first day of April preceding. of census, shall contain the number between of children 5 and 21 years of age. The whole average number and number 'II. The whole number and the average number of scholars attending the summer schools; the whole number and the average, attending the winter schools, also the total number of attending different scholars attending school two weeks or more of the schools. preceding year, as shall appear from the teachers' registers returnable as provided in section eighty-five. 'III. The average length of the summer schools in weeks; the average length of the winter schools in weeks; and the average length of the schools for the year. summer -winter schools. Average summer and length of winter 'IV. The number of male, and of female teachers employed Number of in the public schools during any part of the year. 'V. The wages of male teachers a month, and the wages of female teachers a week, the cost of board to be added to the wages, in case the town pays the board.' Section 8. Section forty-five of said chapter fifteen is hereby amended by adding after the words "union of towns," in the last line of said section, the words, "The provisions of this section and of the five preceding sections shall apply equally to towns formed by the union of two or more towns;' so that said section forty-five, as amended, shall read as follows: male and of female teachers employed. Wages per month. Section 45, amended." chapter 15, Superintendence to be paid for, exclusive required 'Section 45. No town shall receive state aid under section forty-two unless its appropriation and expenditure for superintendence have been exclusive of the amount required by law for common school purposes. If any part of the money raised by the towns or union of towns, or paid to them by the state for superintendence, is expended for any other purposes than those provided for in said section, then each person so -forfeiture misappropriating said money shall forfeit double the sum so for violation. purposes. CHAP. 48 Section 49, chapter 15, amended. Attendance of children of certain ages, required. -necessary absences, how excused. -provisions, in case of equivalent instruction. -further provisions. -persons having control of children shall cause them to attend school. Section 51. chapter 15, amended. misapplied, to be recovered in an action of debt, in the name and to the use of the town, by any inhabitant thereof; and no town or union of towns shall receive further aid under said section until the amount so misapplied has been raised and expended for superintendence by such town or union of towns. The provisions of this section and of the five preceding sections shall apply equally to towns formed by the union of two or more towns.' Section 9. Section forty-nine of said chapter fifteen is hereby amended by inserting after the words "is in session," in the third line of said section, the words 'and an absence therefrom of one-half day, or more, shall be deemed a violation of this requirement, and by striking out after the word "shall" in the third line from the last in said section, the words "forfeit a sum" and inserting in place thereof the words 'be punished by a fine;' also by striking out after the word "dollars" in the last line but one in said section, the words, "to the treasurer of the city or town;" so that said section, as amended, shall read as follows: 'Section 49. Every child between the seventh and fifteenth anniversaries of his birth shall attend some public day school during the time such school is in session, and an absence therefrom of one-half day or more shall be deemed a violation of this requirement; provided that necessary absence may be excused by the superintending school committee or superintendent of schools or teachers acting by direction of either; provided also, that such attendance shall not be required if the child obtained equivalent instruction, for a like period of time, in an approved private school or in any other manner approved by the superintending school committee; provided, further, that children shall not be credited with attendance at a private school until a certificate showing their names, residences and attendance at such school signed by the person or persons having such school in charge, shall be filed with the school officials of the town in which said children reside; and provided, further, that the superintending school committee may exclude from the public schools any child whose physical or mental condition makes it inexpedient for him to attend. All persons having children under their control shall cause them to attend school as provided in this section, and for every neglect of such duty shall be punished by a fine not exceeding twenty-five dollars or shall be imprisoned not exceeding thirty days.' Section 10. Section fifty-one of said chapter fifteen is hereby amended by striking out, after the word "person," in the seventh line of said section, the words "liable to the penalty provided in said section" and by inserting in place thereof the words 'neglecting to perform the duties prescribed in said section by promptly entering a complaint before a magistrate,' and by striking out the word "neglecting" in the thirteenth line of said section the words "to prosecute when directed as required by law" and inserting in place thereof the words 'any duty required of them under the provisions of this chapter' and by striking out, after the words "fifty dollars" in the fourteenth line of said section, the words "to the use of the public schools in the city or town neglecting as aforesaid, or to the use of the public schools in the city or town where such truant officer resides," so that said section fifty-one as amended, shall read as follows: CHAP. 48 -when 'Section 51. Cities and towns shall annually elect one or Truant more persons, to be designated truant officers, who shall inquire officers. into all cases of neglect of the duties prescribed in section duties of. forty-nine and ascertain the reasons therefor and shall promptly report the same to the superintending school committee, and such truant officers or any of them shall, when so directed by the school committee or superintendent in writing, prosecute in the name of the city or town, any person neglecting to perform the duties prescribed in said section, by promptly entering a complaint before a magistrate; and said officers shall, when notified by any teacher that any pupil is irregular in attendance, arrest and take such pupil to school when found truant; and further such officers shall enforce the provisions of sections one arrest may be hundred and eighteen to one hundred and twenty, inclusive, of this chapter. Every city or town neglecting to elect truant officers, and truant officers neglecting any duty required of them under the provisions of this chapter shall forfeit not less than ten nor more than fifty dollars. The municipal officers shall fix the compensation of the truant officers, elected as prescribed in tion of truant this section. Superintending school committees may fill vacancies occurring during the year, and shall elect truant officers at their first meeting after the annual meeting of the town, in case vacancies, the town neglects to do so, or the truant officers elect, or any of them, fail to qualify.' made. -compensa officers. how filled. Section 53, amended. Section II. Section fifty-three of said chapter fifteen is hereby amended by striking out after the word "shall," which is chapter 15, the last word in the fourth line of said section, the words "forfeit not exceeding twenty dollars for the use of the public schools of the city or town in which such child resides, to be recovered by the truant officer on complaint" and by inserting in place thereof the words 'be punished by a fine not exceeding twenty dollars,' so that said section, as amended, shall read as follows: 'Section 53. Any person having control of a child, who is an habitual truant, as defined in the foregoing section, and Persons, responsible |