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deemed delinquent. The school attendance officers of the cities to which this act applies are hereby charged with its enforcement.

Sec. 5. Recall and Surrender of Badge.-Any permit or badge issued as provided herein may be recalled at the discretion of the officer issuing the same; and upon an adjudication of delinquency against any boy to whom a permit and badge have been issued pursuant to the provisions of this act, the court may, in addition to such other correction as may be deemed advisable, require him to surrender his permit and badge for a period to be determined by the court.

Sec. 6. Act not Applicable to Carriers. Nothing in this act shall be construed to apply to the regularly employed newspaper carriers or to persons distributing newspapers, magazines, or periodicals to regular subscribers at their residences or established places of business.

Sec. 7 This act shall take effect and be in force from and after its passage.

Approved April 15, 1921.

CHAPTER V.

Education.*

A. Compulsory School Attendance.

An act to amend Section 2979, General Statutes 1913, relating to Chapter 320, compulsory school attendance, and to establish the English language as Laws 1919, the basic language of instruction.

Be it enacted by the Legislature of the State of Minnesota:

Section 1. Children not required to attend school more than 10 months a year-Requirements of school. That section 2979, General Statutes 1913, be and the same is hereby amended to read as follows:

Every child between eight and sixteen years of age shall attend a public school, or a private school, in each year during the entire time the public schools of the district in which the child resides are in session; provided, however, that no child shall be required to attend public school more than ten (10) months during any calendar year. In districts maintaining terms of unequal length in different public schools, this requirement shall be satisfied by attendance during the shorter term.

A school, to satisfy the requirements of compulsory attendance, must be one in which all the common branches are taught in the English language, from textbooks written in the English language and taught by teachers qualified to teach in the English language. A foreign language may be taught when such language is an elective or a prescribed subject of the curriculum, but not to exceed one hour in each day.

Such child may be excused from attendance upon application of his parent, guardian, or other person having control of such child, to any member of the school board, truant officer, principal, or city superintendent, for the whole or any part of such period, by the school board of the district in which the child resides, upon its being shown to the satisfaction of such board;

1. That such child's bodily or mental condition is such as to prevent his attendance at school or application to study for the period required; or

2. That such child has already completed the studies ordinarily required in the eighth grade; or

3. That there is no public school within reasonable distance of his residence, or that conditions of weather and travel make it impossible for the child to attend; provided, first that any child fourteen (14)

*This chapter relates mainly to compulsory education and the education of defective children.

Page 337.

years of age or over, whose help may be required in any permitted occupation in or about the home of his parent or guardian may be excused from attendance between April 1st and November 1st in any year; but this proviso shall not apply to any cities of the first and second class; provided, second, that nothing in this act shall be construed to prevent a child from being absent from school on such days as said child attends upon instruction according to the ordinances of some church.

The clerk, or any authorized officer of the public board shall issue and keep a record of such excuses, under such rules as the board may from time to time establish.

Sec. 2. Effective August 1, 1919. This act shall be in force and effect from and after August 1, 1919.

Approved April 21, 1919.

2980. Same-Duties of school board and teachers.-It shall be the duty of each school board, through its clerk or other authorized agent or employee, to report the names of children between six (6) and sixteen (16) years of age, with the excuses, if any, granted in such district, to the principal teacher thereof, within the first week of school, and any subsequent excuses granted shall be forthwith reported in the same manner. The principal teacher shall provide the teachers in the several schools under his supervision, with the necessary information for the respective grades of school, relating to the list of pupils with excuses granted. On receipt of the list of such pupils of school age and the excuses granted, the principal teacher in a common semi-graded or consolidated rural school shall report the names of children not excused, who are not attending school, with the names and addresses of their parents, to the county superintendent of schools within five days after receiving the clerk's report. The several teachers in a state graded and state high school shall report to the principal or to the city superintendent, in like manner. ('11 c. 356 § 2)

2981. Same-Duties of county superintendent, principals, etc.-Reports Prosecutions.-The county superintendent of schools shall forthwith notify the parent, guardian or person in charge to send such child to school of whose unexcused absence he has been informed, and upon their neglect or refusal to comply with the notification, the county superintendent shall, upon receipt of information of such noncompliance, notify the county attorney of the facts in each case. The principal of a graded school, or the superintendent of a district maintaining a high school, or a city superintendent, shall proceed in like manner as provided in this section respecting the county superintendent of schools.

It shall be the duty of the principal teacher or other person in charge of any private school to make reports at such times and containing such

information as is herein required, respecting public schools. Such reports shall be made to the county superintendent of schools in whose county such private school is located, except where such private school is located in a city or in a district maintaining a high school, or a graded school, such reports shall be made to the city superintendent of schools or to the superintendent or principal of the high or graded school.

The county superintendent, city superintendent, principal of graded school or superintendent of a district maintaining a high school, as the case may be, shall make and file a criminal complaint against the person or persons neglecting or refusing to comply with the provisions of this act relating to the sending of a child or children to school, in any court in said county having jurisdiction of the trial of misdemeanors, and upon making of such complaint a warrrant shall be issued and proceedings and trial be had as provided by law in cases of misdemeanors. All prosecutions under this chapter shall be conducted by the county attorney of the county wherein the offence is committed.* ('11 c. 356 § 3)

2982. Same Failure to send children to school, etc.Penalty. Any person who shall refuse or fail to send or keep in school any child or children of whom he has legal charge or control, and who is required by law to attend school, when notified so to do as hereinbefore provided, and any person who induces or attempts to induce any child unlawfully to absent himself from school, or who knowingly harbors or employs while school is in session any child unlawfully absent from school, shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed fifty (50) dollars, or by imprisonment in the county jail for not more than thirty (30) days. ('11 c. 356 § 4)

2983. Same Failure of officers, teachers, etc.-Penalty. --Any school officer, truant officer, teacher of a public or private school, graded school principal, city superintendent or county superintendent of schools refusing, wilfully failing, or neglecting to perform any duty imposed upon him by the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished for each offence by a fine not to exceed ten (10) dollars, or by imprisonment in the county jail not to exceed ten (10) days. All such fines, when collected, shall be paid into the county treasury for the benefit of the school district in which such offence is committed. ('11 c. 356 §5)

2985. Same School census.-A complete school census shall be taken in every school district, common, independent and special, between July 1 and October 1, of all children between six (6) and sixteen (16) years of age, which census shall show the name and date of birth of each person required to be enumerated, and the name and address of his parent, guardian or other person having charge. The school census

*The above section is printed as amended by Chapter 488, General Laws of 1921.

shall be taken by the clerk or the school board or by some other person or persons appointed by the school board. Such person or persons taking such census shall make two extra copies thereof, shall certify to the school board the correctness of the enumeration and the information therein contained. The clerk shall retain the original in his office, send one copy to the county superintendent, and one copy to the principal teacher, principal or city superintendent of the school district, before the first day of school of each school year, or as soon as said census has been taken. The compensation for taking said school census and making the extra copies thereof shall be three (3) cents for each pupil enumerated, as shown by the census list, except that in cities the school board shall fix the compensation for this work. The superintendent of public instruction and high school board are authorized and directed to withhold the special state aid from any school district which shall fail in any year to take the school census until such census has been taken, as herein provided for. ('11 c. 356 § 7, amended '13 c. 548 § 1)

2986. Truant officers. The board of any district may appoint and remove at pleasure truant officers, who shall investigate all cases of truancy or non-attendance at school, make complaints, serve notice and process, and attend to the enforcement of all laws and school regulations respecting truant, incorrigible, and disorderly children and school attendance. Whenever any truant officer learns of any case of habitual truancy or continued non-attendance of any child hereby required to attend school he shall immediately notify the person having control of such child to forthwith send to and keep him in school. He may arrest without warrant and take to school any such child, and shall act under the general supervision of the board, or, when directed by the board under that of the city or district superintendent.

He shall transmit annually on or before the first day of July, each year, to the state superintendent of public instruction, a report of the number of cases of truancy and non-attendance investigated by him and the disposition made in each case. Such officer shall receive a salary, fixed by the board appointing him, but no fees. (R. L. § 1448, amended '11 c. 284 § 1)

An act to amend Section 2987 and to repeal Section 2988, General Chapter 239, Laws 1917, Statutes, 1913, relating to truants. Page 352. Be it enacted by the Legislature of the State of Minnesota:

Section 1. Juvenile courts to discipline delinquent children between 8 and 16 years of age.-Section 2987, General Statutes, 1913, is hereby amended so as to read as follows:

2987. Such boards may maintain ungraded schools for the instruction of children of the following classes between eight and sixteen years of age.

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