bers or appointees, inspect such school, and for such purpose ma enter upon the land and into the buildings of such school at all reasonable times. [Added by L. 1915, ch. 307.] § 619-b Powers of Commissioner of Education and State Department of Education. A school established as provided herein shall be deemed a part of the public school system of the State, and shall be subject to the supervision and control of the Commissioner of Education and the State Department of Education in the same manner as other public schools, and shall not be subject to any of the laws of the State relating to charitable or penal institutions. [Added by L. 1915, ch. 307.] ARTICLE 23 Compulsory Education Section 620 Instruction required 621 Required attendance upon instruction 622 When a boy is required to attend evening school 625 Penalty for failure to perform paternal1 duty 626 Unlawful employment of children and penalty therefor 628 Punishment for unlawful employment of children 629 Teachers must keep record of attendance 630 School record certificate 631 Evening, part-time or continuation school certificate 633 Arrest of truants 634 Interference with attendance officer 635 Truant schools 636 Enforcement of law and withholding the state moneys by Com missioner of Education 637 Attendance of illiterate minors 638 Certificates of principals or teachers § 620 Instruction required. The instruction required under this article shall be: 1 At a public school in which at least the six common school branches of reading, spelling, writing, arithmetic, English language and geography are taught in English. 2 Elsewhere than a public school upon instruction in the same subjects taught in English by a competent teacher. 1 So in original. $ 621 Required attendance upon instruction. 1 Every child within the compulsory school ages, in proper physical and mental condition to attend school, residing in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall regularly attend upon instruction as follows: a Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred and eighty days of actual school. b Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. [Subdivision 1 amended by L. 1917, ch. 563, in effect May 18, 1917.] 2 Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall attend upon instruction. during the entire time that the school in the district shall be in session as follows: a Each child between eight and fourteen years of age. b Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service. [Subdivision amended by L. 1913, ch. 511.] 3 The provisions of this section are intended to include all blind children, except such as may receive appointments under the provisions of article 38 of this chapter. [Section amended by L. 1911, ch. 710.] 4 A child within the prescribed ages as provided by this section shall be deemed in proper physical and mental condition to attend upon instruction unless a certificate shall have been issued by the school authorities that the child is not in proper physical and mental condition to so attend. No physical condition which is capable of correction shall avail as a defense under the provisions of this article unless it shall be made to appear that all reasonable measures for the correction of the condition and the suitable instruction of the child have been taken. [Added by L. 1919, ch. 232, in effect April 15, 1919.] § 622 When a boy is required to attend evening school. [Section repealed by L. 1919, ch. 531, in effect August 1, 1919.] § 623 Instruction elsewhere than at a public school. If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to the instruction given children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours each day thereof as are required of children of like age at public schools; and no greater total amount of holidays or vacations shall be deducted from such attendance during the period such attendance is required than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public school. If a child required to attend upon instruction as provided in this article does not attend at a public, private or parochial school maintained in the city or district in which the parent or guardian of said child resides, such parent or guardian shall upon request furnish satisfactory proof to the local school authorities of said city or district that said child or ward is attending upon lawful instruction elsewhere. [Amended by L. 1917, ch. 563, in effect May 18, 1917.] § 624 Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon instruction, as follows: 1 In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section 621 of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regularly employed there under. 2 Elsewhere than in a city or school district having a popula tion of five thousand or above, every child between eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate issued under section 630 of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. § 625 Penalty for failure to perform parental duty. A violation of section 624 shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days' imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special sessions and police magistrates shall, subject to removal as provided in sections 57 and 58 of the Code of Criminal Procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions. A duly attested transcript of the record of attendance and absence of a child which has been kept by a teacher, as provided in section 629 of this chapter, shall be accepted as presumptive evidence of the attendance of such child in any proceeding brought under the provisions of this article. [Amended by L. 1919, ch. 232, in effect April 15, 1919.] § 626 Unlawful employment of children and penalty therefor. It shall be unlawful for any person, firm or corporation: 1 To employe1 any child under fourteen years of age, in any business or service whatever, for any part of the term during which the public schools of the district or city in which the child resides are in session. 2 To employ, elsewhere than in a city of the first class or a city of the second class, in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, any child between fourteen and sixteen years of age who does not at the time of such employment present an employment certificate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at the time of such employment present a school record certificate as provided in section 630 of this chapter. 3 To employ any child between fourteen and sixteen years of age in a city of the first class or a city of the second class who does 1 So in original. not, at the time of such employment, present an employment certificate, duly issued under the provisions of the labor law. § 627 Employer must display record certificate and evening, part-time or continuation school certificate. The employer of any child between fourteen and sixteen years of age in a city or district shall keep and shall display in the place where such child is employed, the employment certificate and also his evening, part-time or continuation school certificate issued by the school authorities of said city or district or by an authorized representative of such school authorities, certifying that the said child is regularly in attendance at an evening, part-time or continuation school of said city as provided in section 631 of this chapter. [Amended by L. 1913, ch. 748.] § 628 Punishment for unlawful employment of children. Any person, firm, or corporation, or any officer, manager, superintendent or employee acting therefor, who shall employ any child contrary to the provisions of sections 626 and 627 hereof shall be guilty of a misdemeanor, and the punishment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars; for a second and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. [Amended by L. 1913, ch. 748.] § 629 Teachers must keep record of attendance. An accurate record of the attendance of all children between seven and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance officers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors, or other persons, and a wilful neglect or refusal so to answer any such inquiry shall be a misdemeanor. § 630 School record certificate. 1 A school record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his four |