town of his employment, shall file or cause to be filed regularly, at least once a month, with the superintendent, or his representative duly authorized in writing, of the city or town in which such minor is employed, a report of attendance certified by the superintendent, or his representative duly authorized in writing, of the city or town in which such minor is attending school: provided, however, that the filing of such certified report of attendance with the superintendent of a city or town in which attendance at continuation schools or courses of instruction as defined in section one of this act is not compulsory shall not be required. SECTION 6. The employer of any minor between fourteen and sixteen years of age who is compelled by the provisions and regulations either of the school committee in the city or town in which such minor resides or of the school committee in the city or town in which such minor is employed to attend a continuation school or courses of instruction as defined in section one of this act, shall cease forthwith to employ such minor when notified in writing by the superintendent or his representative duly authorized in writing, having jurisdiction over such minor's school attendance, that such minor is not attending school in accordance with the compulsory attendance regulations as defined in section one of this act. Any employer who fails to comply with the provisions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each offence. SECTION 7. The superintendent of schools having jurisdiction, or a person authorized by him in writing, may revoke the age and schooling or employment certificate of any minor who is required by the provisions of this act to attend a continuation school or courses, if such minor fails to attend such school or courses as provided by this act. Acts of 1913, Chapter 467. School Attendance and Employment of Illiterate Minors. - SECTION 1. Every illiterate minor between sixteen and twentyone years of age shall attend some public evening school in the city or town in which he resides for the whole time during which the public evening schools are in session: provided, that such city or town maintains a public evening school. Attendance at a public day school, or at a private school approved for the purpose by the school committee, shall exempt such minor from attending a public evening school. This act shall not affect any existing laws regarding the compulsory school attendance of illiterate minors or their employment, but shall be in addition to such laws. SECTION 2. An illiterate minor who wilfully violates any provision of this act shall be punished by a fine of not less than five dollars. SECTION 3. Every person having under his control an illiterate minor between sixteen and twenty-one years of age shall cause him to attend a public evening school as hereby required; and if such person fails for six sessions within a period of one month to cause the minor so to attend school, unless the minor's physical or mental condition is such as to render his attendance at school harmful or impracticable, such person shall, upon complaint by a truant officer and conviction thereof, be punished by a fine of not more than twenty dollars. SECTION 4. Whoever induces or attempts to induce such minor to absent himself unlawfully from school, or employs such a minor except as is provided by law, or harbors such a minor who, while school is in session, is absent unlawfully therefrom, shall be punished by a fine of not more than fifty dollars. Acts of 1909, Chapter 514, Section 59, amended by Acts of 1913, Chapter 779, Section 17, and by Acts of 1914, Chapter 580. School Records. The school record required by section sixteen of this act shall be filled out and signed by the principal or teacher in charge of the school which the child last attended and shall be furnished only to a child who, after due examination and investigation, is found to be entitled thereto. Said school record shall state the grade last completed by such child and the studies pursued in completion thereof. It shall state the number of weeks during which such child has attended school during the twelve months next preceding the time of application for said school record. It shall also give the name, date of birth, and the residence of the child as shown on the records of the school and the name of the parent, guardian or custodian. In case it is found to be impossible to obtain said school record from the principal or teacher in charge of the school which such child last attended, the requirement of a school record may be waived. 1 See Appendix. No such school record shall be issued or accepted and no employment certificate shall be granted unless the child possesses the educational qualifications enumerated in section one of chapter forty-four of the Revised Laws as amended by section one of this act. No such school record shall be issued or accepted unless the child has regularly attended the public schools or other lawfully approved schools for not less than one hundred and thirty days after becoming thirteen years of age: provided, however, that the school record may be accepted in the case of a person who has been an attendant at a public day school or other lawfully approved school for a period of not less than seven years, if in the opinion of said superintendent such person is mentally incapable of acquiring the educational qualifications herein prescribed; and provided, further, that the superintendent of schools shall have authority to suspend this requirement in any case when, in his opinion, the interests of the child will best be served by such suspension. Acts of 1913, Chapter 779, Section 23. Educational Certificates. - No child who is over sixteen and under twenty-one years of age shall be employed in a factory, workshop, manufacturing, mechanical or mercantile establishment unless his employer procures and keeps on file an educational certificate showing the age of the child and his ability or inability to read and write as hereinafter provided. Such certificates shall be issued by the person authorized by this act to issue employment certificates. The person authorized to issue such educational certificates shall, so far as is practicable, require the proof of age stated in section fifty-eight. He shall examine the child and certify whether or not he possesses the educational qualifications enumerated in section one of chapter forty-four of the Revised Laws, as amended. Every such certificate shall be signed in the presence of the person issuing the same by the child in whose name it is issued. 1 See Appendix. 2 Acts of 1909, chapter 514, section 58. Every employer of such children shall keep their educational certificates accessible to any officer authorized to enforce the provisions of this act and shall return said certificates to the office from which they were issued within two days after the date of the termination of the employment of said children. If the educational certificate of any child who is over sixteen and under twenty-one years of age fails to show that said child possesses the educational qualifications enumerated in section one of chapter forty-four of the Revised Laws, as amended, then no person shall employ such child while a public evening school is maintained in the city or town in which the child resides, unless such child is a regular attendant at such evening school or at a day school, and presents to his employer each week a school record of such attendance. When such record shows unexcused absences, such attendance shall be deemed to be irregular and insufficient. The person authorized to issue educational certificates, or teachers acting under his authority, may, however, excuse justifiable absence. Whoever employs a child in violation of the provisions of this section shall forfeit not more than one hundred dollars for each offence, to the use of the evening schools of such city or town. A parent, guardian or custodian who permits a child to be employed in violation of the provisions of this section shall forfeit not more than twenty dollars, to the use of the evening schools of such city or town. Acts of 1913, Chapter 779, Section 24. Industrial Schools excepted. - Nothing in this act shall be construed to prevent children of any age from receiving manual training or industrial education in, or in connection with, any school in this commonwealth: provided, that the same has been duly approved by the local school committee or by the board of education. Acts of 1913, Chapter 779, Section 25. Repeal of Inconsistent Acts. - Chapter three hundred and eighty-nine of the acts of the year nineteen hundred and six and chapter three hundred and ten of the acts of the year nineteen hundred and eleven and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. EMPLOYMENT CERTIFICATES. Acts of 1913, Chapter 779, Section 16.1 Issuance. - An employment certificate shall be issued only by the superintendent of schools or by a person authorized by him in writing, or, where there is no superintendent of schools, by a person authorized in writing by the school committee, of the city or town where the child to whom it is issued resides during his employment, or in case the child resides outside the commonwealth, of the city or town in which the child is to be employed: provided, that no member of a school committee or other person authorized as aforesaid shall have authority to issue such certificate for any child then in, or about to enter, such person's own employment or the employment of a firm or corporation of which he is a member, officer or employee. The person issuing employment certificates shall in each case, before issuing a certificate, receive, examine, approve and file the following papers, duly executed: (1) A pledge or promise signed by the employer or by an authorized manager or superintendent, setting forth the character of the employment, the number of hours per day during which the child is to be regularly employed and the name and address of the employer, in which pledge or promise the employer agrees to employ the child in accordance with the provisions of this act, and to return the employment certificate as provided in section fifty-seven. (2) The school record of such child, properly filled out and signed as hereinafter provided. (3) A certificate signed by a school or family physician, or by a physician appointed by the school committee, stating that the child has been thoroughly examined by said physician and, in his opinion, is in sufficiently sound health and physically able to perform the work which the child intends to do. (4) Evidence of age showing that the child is fourteen years of age, which shall consist of one of the following proofs of age: (a) A birth certificate, or a duly attested transcript thereof, 1 See Appendix. |