APPERTAINING TO THE BOARD OF EDUCATION CHAPTER 21, LAWS OF 1909, BEING CHAPTER 16 OF THE CONSOLIDATED LAWS, TAKING EFFECT FEBRUARY 17, 1909 ARTICLE 20 COMPULSORY EDUCATION Section 530. Required attendance upon instruction. 531. Duties of persons in parental relation to children. 538. Section 530. Enforcement of law and withholding the state moneys by commissioner of education. Required attendance upon instruction.-Every child between seven and sixteen years of age in proper physical and mental condition to attend school shail regularly attend upon instruction at a school in which at least the six common school branches of reading, spelling, writing, arithmetic, English language and geography are taught in English, or upon equivalent instruction by a competent teacher elsewhere than at a public school as follows: 1. Every such child between seven and fourteen years of age residing in a city or in a school district having a population of five thousand or more and employing a superintendent of schools shall so attend upon instruction the entire time during which the school attended is in session, which period shall not be less than one hundred and sixty days of actual school. 2. Every such child between fourteen and sixteen years of age, not regularly and lawfully engaged in any useful employment or service as hereinafter provided, and residing in a city or in a school district having a population of five thousand or more and employing a superintendent of schools and to whom an employment certificate has not been duly issued under the provisions of the labor law shall so attend upon instruction the entire time during which the school attended is in session. APPERTAINING TO THE BOARD OF EDUCATION CHAPTER 21, LAWS OF 1909, BEING CHAPTER 16 OF THE CONSOLIDATED LAWS, TAKING EFFECT FEBRUARY 17, 1909 ARTICLE 20 COMPULSORY EDUCATION Section 530. Required attendance upon instruction. 531. Duties of persons in parental relation to children. 534. 535. 538. Section 530. Enforcement of law and withholding the state moneys by commissioner of education. Required attendance upon instruction.-Every child between seven and sixteen years of age in proper physical and mental condition to attend school shail regularly attend upon instruction at a school in which at least the six common school branches of reading, spelling, writing, arithmetic, English language and geography are taught in English, or upon equivalent instruction by a competent teacher elsewhere than at a public school as follows: 1. Every such child between seven and fourteen years of age residing in a city or in a school district having a population of five thousand or more and employing a superintendent of schools shall so attend upon instruction the entire time during which the school attended is in session, which period shall not be less than one hundred and sixty days of actual school. 2. Every such child between fourteen and sixteen years of age, not regularly and lawfully engaged in any useful employment or service as hereinafter provided, and residing in a city or in a school district having a popu lation of five thousand or more and employing a superintendent of schools and to whom an employment certificate has not been duly issued under the provisions of the labor law shall so attend upon instruction the entire time during which the school attended is in session. 3. Every such child between eight and fourteen years of age, residing elsewhere than in a city or school district having a population of five thousand or more and employing a superintendent of schools shall so attend upon instruction as many days annually, during the period between the first days of October and the following June, as the public school of the district in which such child resides, shall be in session during the same period. 4. Every such child between fourteen and sixteen years of age, not regularly and lawfully engaged in any useful employment or service, as hereinafter provided, and residing elsewhere than in a city or a school district having a population of five thousand or more and employing a superintendent of schools, shall so attend upon instruction as many days annually during the period between the first days of October and the following June as the public school of the district in which such child resides shall be in session during the same period. 5. Every boy between fourteen and sixteen years of age, in a city of the first class or a city of the second class in possession of an employment certificate duly issued under the provisions of the labor law, who has not completed such course of study as is required for graduation from the elementary public schools of such city, and who does not hold either a certificate of graduation from the public elementary school or the preacademic certificate issued by the Regents of the University of the State of New York or the certificate of the completion of an elementary course issued by the education department, shall attend the public evening schools of such city, or other evening schools offering an equivalent course of instruction, for not less than six hours each week, for a period of not less than sixteen weeks or upon a trade school a period of eight hours per week for sixteen weeks in each school year or calendar year. 6. 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 to 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 of each day thereof as are required of children of like age at public schools; and no greater total amount of holidays and 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. (As amended and renumbered by Chapter 409, Laws of 1909.) Section 531. Duties of persons in parental relation to children.-1. Every person in parental relation to a child between seven and sixteen years of age, in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction in cities and school districts having a population of five thousand or above, as required by section five hundred and thirty 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 thereunder. 2. Every person, residing elsewhere than in a city or school district having a population of five thousand or above, in parental relation to a child between eight and sixteen years of age, in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction 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 five hundred and thirty-four of this act and is regularly employed elsewhere than in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. 3. A violation of this section 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 fifty-seven and fifty-eight 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. (As amended and renumbered by Chapter 409, Laws of 1909.) Section 532. Unlawful employment of children and penalty therefor.—It shall be unlawful for any person, firm or corporation 1. To employ any child under fourteen years of age, in any business or service whatever, during 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 99 |