COMPULSORY-ATTENDANCE LAW.

AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR, BETWEEN THE AGES OF EIGHT AND FOURTEEN.

The General Assembly of North Carolina do enact:

SCHOOL DISTRICT OR TOWNSHIP MAY VOTE ON QUESTION. SECTION 1. The county board of education of any county may in their discretion, upon a petition of a majority of the qualified voters of any township or school district in such county, order and hold an election, submitting to the qualified voters of such township or district the question of compulsory attendance. For such election the said board shall designate the time for holding the same, shall appoint a registrar and two pollholders for each voting place, and shall advertise the same by posting notices at the courthouse door and three other public places in the district or township thirty days before such election. If the election be for a school district, then the county board of education shall also designate the voting place; if for a township, the polling places shall be those of the preceding general election. At such election those favoring compulsory attendance shall vote a ticket on which shall be written or printed the words "For Compulsory Attendance"; those who are opposed shall vote a ticket on which shall be written or printed the words "Against Compulsory Attendance." The result of such election shall be reported to the county board of education by the judges of election, and no other report shall be required. In all other respects, except as provided herein, the election shall be held under the law governing general elections, as nearly as may be. The expense of such election shall be paid out of the county school fund. If it appear that a majority of the votes cast at such election are in favor of compulsory attendance the county board of education shall order compulsory attendance upon the school or schools of the township or district named in the petition, as provided for in this act. Upon petition of a majority of the parents of the children of school age in any school district or township of any county, the county board of education of such county may in its discretion order compulsory attendance upon the school or schools named

in such petition, or upon all the schools in the township named, as provided for in this act. Whenever it shall appear from the certificate of the county superintendent of public instruction of any county that the enrollment in any school district in said county for the preceding school year was less than sixty per cent, or that the average daily attendance upon said school was less than thirtyfive per cent of the school census of said district, the county board of education of the county in which such school is located, without petition or election, shall have the power in its discretion to order compulsory attendance upon such school under the provisions of this act.

1907, c. 894; 1909, c. 525.

COMPULSORY-ATTENDANCE AGE, EIGHT TO FOURTEEN;

TERM, SIXTEEN WEEKS.

SEC. 2. Every parent or person having control of a child over eight and under fourteen years of age shall cause such child to attend the public school in the district where such parent or person resides for sixteen weeks in each school year, such year beginning on the first day of July and ending on the thirtieth day of June, unless the parent or person having control of such child shall show that the child has elsewhere received during the year regular instruction for sixteen weeks in the branches of study taught in the public schools. Children over twelve years of age shall not be subject to the requirements of this act while lawfully employed at labor at home or elsewhere.

PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS.

SEC. 3. Any person violating the provisions of the foregoing section two shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than twenty-five dollars: Provided, that if the parent or person having control of the child shall show that the child is destitute of clothing suitable for attending school, and such parent or person is unable to provide suitable clothing, or that the child's mental or physical condition is such as to render its instruction inexpedient and impractical, such parent or person shall not be convicted of a violation hereof.

SEC. 4. Every person who shall regularly employ any child under twelve years of age or shall authorize or permit the regular employment of such child upon premises under his control during the school hours while the school that such child should attend

is in session shall be guilty of a misdemeanor, unless the child so employed shall have attended school for sixteen weeks prior to such employment and during the current school year, or unless such child is excusable under section three.

PENALTY FOR FALSE STATEMENTS AS TO AGE OF CHILDREN.

SEC. 5. The person taking the school census of any district shall obtain the information as to the age of each child in the district from the parent or person having control of such child, and the written reports sworn to by the census taker shall be prima facie evidence in any court of the age of each child therein enumerated. Every parent or person having control of a child who shall make any false statement concerning the age of such child with the intent to deceive the census taker or the teacher of any school or the employer of such child shall be guilty of a misdemeanor and fined not more than fifty dollars.

EVIDENCE OF NONATTENDANCE.

SEC. 6. At the end of the term of the public school the teacher or principal of such school shall make a report to the county superintendent of schools of such county, showing the names of the children between the ages of eight and fourteen who attended such school and the number of days each child attended. Such statement shall be sworn to by the teacher or principal and shall be prima facie evidence in any court both as to the facts stated therein and that any child not enumerated therein did not attend such school.

METHOD OF PROSECUTION FOR NONATTENDANCE.

SEC. 7. It shall be the duty of the county superintendent of schools to furnish annually to the constable of such township in his county or to some other lawful officer of the county a list of the children who have not attended school as required by law, and upon such information it shall be the duty of said constable or officer, upon an affidavit of some reputable person that any person has violated the provisions of this act, to cause the offending person to be prosecuted before some justice of the peace of such township.

IN DISCRETION OF COUNTY BOARD TO ENFORCE LAW.

SEC. 8. Whenever the county board of education shall order compulsory attendance upon any school or schools in any school

district or township after an election, as provided in section one hereof, the provisions of this act shall be in full force and effect in the territory described and for the schools named, but this act shall not apply to any school or the penalties herein prescribed be enforced except upon the order of the county board of education, as herein provided.

CLERK OF COURT TO KEEP LIST OF SCHOOLS.

SEC. 9. It shall be the duty of the county board of education of each county to furnish to the clerk of the Superior Court of such county a list of all schools which have been placed under the operation of this act. The said clerk shall keep a list of the same in his office and shall furnish to each justice of the peace of the county a certified list of all schools in the township of such justice of the peace which are so included; and the said list as kept by the said clerk, or a certified statement made by him, shall be conclusive evidence in any court that the provisions of this act shall apply to the school or schools therein named : Provided, that this act shall not apply to any territory now having compulsory attendance established by law.

SEC. 10. That this act shall be in force from and after its ratification.

In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907.

1907, c. 894; 1909. c. 525.

DEAF CHILDREN MUST ATTEND SCHOOL.

AN ACT TO COMPEL WHITE DEAF CHILDREN TO

ATTEND SCHOOL.

The General Assembly of North Carolina do enact:

SECTION 1. That every deaf child of sound mind in North Carolina shall attend a school for the deaf at least five school terms of nine months each, between the ages of eight years and fifteen years.

SEC. 2. That parents, guardians or custodians of a deaf child or deaf children between the ages of eight and fifteen years shall send said child or children, or cause to be sent, to some school for the instruction of the deaf, at least five terms or sessions of nine months each, between the ages of eight years and fifteen years.

SEC. 3. That parents, guardians or custodians of any deaf children between the ages provided in section two of this act failing to send said deaf child or deaf children to some school for instruction, as provided in this act, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court, for each year said deaf child is kept out of school, between the ages herein provided: Provided, that said parents, guardians or custodians may elect two years between said ages of eight and fifteen years that a deaf child or deaf children may remain out of school: Provided further, that this section shall not apply to or be enforced against the parent, guardian or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf, by and with the approval of the executive committee of such institution, shall in his and their discretion serve written notice on such parent, guardian or custodian, directing that such child be sent to the institution whereof they have charge.

SEC. 4. That it shall be the duty of the school census taker to report name, age and sex of each deaf child in his district, and name of parents, guardians or custodians and their post-office address, to the county superintendent of education, who shall send said report of names and addresses to the Superintendent of the North Carolina School for the Deaf and Dumb, located at Morganton, N. C.; that said census taker or county superintendent failing to make reports as provided in this act shall be fined five dollars ($5) for each white deaf child not so reported.

SEC. 5. That said fine as provided in section three (3) of this act and said fine of five dollars ($5) provided in section four (4) of this act, when collected, shall be paid to the public-school fund of the county in which such child lives.

SEC. 6. That this act shall take effect the first day of September, 1907.

1907, c. 1007.