No. 241.

AN ACT

To amend sections two, three, and five of an act, entitled "An act to provide for the attendance, and for reports of attendance, of the children in the schools of this Commonwealth; for the enumeration of the children for that purpose, and providing compensation for the persons making such enumeration; for the appointment of attendance officers, defining their powers and duties, and providing for their compensation; for giving the boards of school controllers, where they exist, or school-directors under certain conditions, power to designate the school to which pupils offending under this act shall be sent; for the establishment and maintenance of special schools; defining truancy and incorrigibility as disorderly conduct, and providing penalties for the same; and providing for the disposition of truant and incorrigible children; and providing penalties for the violation of any provisions of this act; and providing for reports of employers of children; and withholding a part of the State appropriation from school districts not enforcing this act; and for the repeal of the compulsory acts of May sixteen, one thousand eight hundred and ninety-five, and July twelfth, one thousand eight hundred and ninety-seven, and all other acts or parts of acts inconsistent herewith," approved the eleventh day of July, one thousand nine hundred and one; declaring the employment of any child, not in attendance at school as provided in the act, by any person, firm, or corporation a misdemeanor, and providing the penalties upon conviction thereof; authorizing attendance officers to enter any place wherein any gainful occupation is carried on, to ascertain whether any such child is employed therein, and to inspect such places, and the records required by law to be kept therein with respect to the employment of children; providing penalties for refusal to permit such inspection; authorizing the dismissal from employment of such children, and giving to the child dismissed an appeal from the decision of the school authorities to the court of quarter sessions; further declaring the powers and duties of attendance officers, with respect to the truant and incorrigible children; and providing for proceedings against parties violating the provisions of the act.

Section 1. Be it enacted, &c., That section two of an act, entitled "An act to provide for the attendance, and for reports of attendance, of the children in the schools of this Commonwealth; for the enumeration of the children for that purpose, and providing compensation for the persons making such enumeration; for the appointmnet of attendance officers, defining their powers and duties, and providing for their com pensation; for giving the boards of school controllers, where they exist, or school directors under certain conditions, power to designate the school to which pupils offending under this act shall be sent; for the estab lishment and maintenance of special schools; defining truancy and incorrigibility as disorderly conduct, and providing penalties for the same; and providing for the disposition of truant and incorrigible children: and providing penalties for the violation of any of the provisions of this act; and providing for reports of employers of children; and withholding a part of the State appropriation from school districts not enforc 21 Laws

Schools.

Section 2, act of July 11, 1901, cited for amendment.

Neglect of duty by principal, teacher, or parent.

ing this act; and for the repeal of the compulsory acts of May sixteen, one thousand eight hundred and ninetyfive, and July twelfth, one thousand eight hundred and ninety-seven, and all other acts or parts of acts inconsistent herewith," approved the eleventh day of July, one thousand nine hundred and one, which reads as follows:

"Section 2. For every neglect of duty imposed by the first section of this act, the principal or teacher, or person in parental relation, offending, shall be guilty of a misdemeanor, and shall upon conviction thereof before a justice of the peace, magistrate, or alderman, forfeit a fine not exceeding two dollars on first conviction, and a fine not exceeding five dollars for each subsequent conviction; and in default of payment of said fine, the defendant may be committed to the county prison for a period not exceeding two days for the first conviction, and for a period not exceeding five days for each subsequent conviction: Provided, Upon conviction, the defendant or defendants may appeal to the court of quarter sessions of the peace of the proper county, within five days, upon entering into recognizance with one surety for the amount of the fines and costs: Provided, however, That before such penalty is incurred, the parent, guardian, or other person liable therefor shall be notified in writing by the superintendent of schools, or the secretary of the school board, or by the attendance officer if there be one, of such liability, and shall have opportunity, by compliance with the requirements of this act, within three school days, then and thereafter to avoid the imposition of such penalty. But after such notice has been served, if the same child is absent from school three days. or their equivalent in time, during the remaining period of compulsory attendance, without excuse as provided by section one (1) of this act, the parent, guardian, or person in parental relation shall be liable to prosecution under this act, without further notice. The fines provided for by this act shall, when collected, be paid over by the officers collecting the same into the school treasury of the respective districts, for the use of the said school district of the city, borough, or township in which such person convicted resides, to be applied and accounted for by such treasurers in the same way as other moneys raised for school purposes; such fines shall be collected by a process of law similar to the collection of other fines," be amended so as to read as follows:

Section 2. For every neglect of duty imposed by the first section of this act, the principal or teacher, or person in parental relation, offending, shall be guilty of a misdemeanor, and shall, upon conviction thereof before a justice of the peace, magistrate, or alderman,

Fine.

after notice.

forfeit a fine not exceeding two dollars on first conviction, and a fine not exceeding five dollars for each subsequent conviction; and in default of payment of said fine, the defendant may be committed to the county prison for a period not exceeding two days for the first conviction, and for a period not exceeding five days. for each subsequent conviction: Provided, Upon con- Proviso. viction, the defendant or defendants may appeal to the court of quarter sessions of the peace of the proper Appeal. county, within five days, upon entering into recognizance with one surety for the amount of the fines and costs: Provided, however, That before such penalty Proviso. shall be incurred, the parent, guardian, or other person Notice to parent. liable therefor shall be notified in writing by the superintendent of schools, or the secretary of the school board, or by the attendance officer, if there be one, of such liability, and shall have opportunity, by compliance with the requirements of this act within three school days, then and thereafter to avoid the imposition of such penalty. But after such notice has been served, if the same child is absent from school three days, or their equivalent in time, during the remaining period of compulsory attendance, without excuse as Non-attendance provided by section one (1) of this act, the parent, guardian, or person in parental relation shall be liable to prosecution under this act, without further notice. Any person, firm, or corporation who shall employ, or Unlawful employhave in his or their employ, any child not in attendance at school as provided in section one (1) of this act, shall be guilty of a misdemeanor, and, upon conriction thereof before a justice of the peace, magistrate, or alderman, shall be fined in the sum of ten dollars Fine. for the first offense, and in the sum of thirty dollars for each subsequent offense: Provided, Upon convic Proviso. tion, the defendant or defendants may appeal to the Appeal. court of quarter sessions of the peace of the proper county, within five days, upon entering into recognizance with one surety for the amount of the fines and costs. The fines provided for by this act shall, when collected, be paid over by the officers collecting the Disposition of same, into the school treasury of the respective districts, for the use of the said school district of the city, borough, or township in which such principal, or teacher, or person in parental relation, convicted, resides; or in cases of conviction for employing or having in employ any child not in attendance at school, as prorided in section one (1) of this act, for the use of the said school district of the city, borough, or township in which such child is employed; to be applied and accounted for by such treasurers in the same way as other moneys raised for school purposes. Such fines shall be collected by a process of law similar to the collection of other fines.

ment.

fines.

Section 3, act of July 11, 1901, cited for amendment.

Section 2. That section three of said act, which reads as follows:-

"Section 3. Board of school directors or school controllers shall in cities, and may in all other school districts, employ one or more persons, to be known as attendance officers, who shall, in addition to the duties provided elsewhere in this act, have full police power without warrant, and whose duty it shall be to look after and arrest and apprehend truants and others who fail to attend school in accordance with the provisions of this act. When an attendance officer arrests or apprehends any truant or other person, as herein set forth, he shall have power, immediately to place him or her in the school in which he or she is or should be enrolled, or, at the expense of the parent, guardian, or person in parental relation, in such private school, as provided by section one (1) of this act, as the parent, guardian, or person in parental relation may select. And in case the parent, guardian, or person in parental relation shall refuse or neglect, immediately, to select such school, the school board or board of school controllers shall have full power to designate the school in which the child shall be placed. The persons appointed such attendance officers shall be entitled to such compensation as shall be fixed by the boards appointing them; but, in townships, shall not exceed two dollars per day; and such compensation shall be paid out of the school fund. Boards of directors or controllers of any school district, or of two or more districts jointly, may establish special schools for children who are habitual truants, or who are insubordinate or disor derly during their attendance upon instruction in the public schools, and may provide for the proper care, maintenance, and instruction of such children in such schools, for such period of time as the board may prescribe. But, before the pupil shall be placed in such special school, the parent, guardian, or person in parental relation shall have opportunity to be heard. All truancy and incorrigibility shall be deemed disorderly conduct. And in case no special school, as herein prescribed, has been established, the superintendent of schools or secretary, or attendance officer if there be one, shall proceed against such truant or incorrigible pupil as a disorderly person, before a justice of the peace, magistrate, or alderman, and, upon conviction, the pupil may be sentenced to any special or reformatory school supported wholly or in part by the State, or, at the option of the school board or board of controllers, be committed to the care of a society, duly incorporated, having for one of its objects the protection of children from cruelty, or the placing of children, not otherwise provided for, in families; and in case of a commitment of a child, or children, to the

care of such society, the board of directors or controllers of the district may provide for the expense of the maintenance and education of such children or child out of that part of the school fund within its control which shall have been appropriated to said board by the local authorities of such district," be amended so as to read as follows:

cers.

power.

Section 3. The board of school directors or school Attendance officontrollers shall in cities, and may in all other school districts, employ one or more persons, to be known as attendance officers, who shall, in addition to the duties provided elsewhere in this act, have full police power shall have police without warrant, and whose duty it shall be to look after and arrest and apprehend truants and others Duty of officers. who fail to attend school in accordance with the provisions of this act, or is incorrigible or insubordinate or disorderly during attendance upon instruction in the public schools. When an attendance officer arrests or apprehends any truant or other person, who fails to attend school in accordance with the provisions of this act, or who is incorrigible or insubordinate or disorderly during attendance upon instruction in the pub

lic schools, as herein set forth, he shall have power, Disposal of truant. immediately, to place him or her in the school in which he or she is, or should be, enrolled, or, at the expense of the parent, guardian, or person in parental relation, in such private school, as provided by section one (1) of this act, as the parent, guardian, or person in parental relation may select. And in case the parent, guardian, or person in parental relation shall refuse or neglect, immediately, to select such school, the school board or board of school controllers shall have full power to designate the school in which such child

shall be placed. Such attendance officers shall have officers shall have authority to enter any place wherein any gainful occu- right of entry. pation is carried on, to ascertain whether any child or children not in attendance at school, as provided in section one (1) of this act, are employed therein; and, in pursuance of such authority, such officers shall have

the right to inspect any employment certificates, no- Inspection of tices, registers, or other lists required by law to be kept papers. on file or to be posted therein. Any owner, superintendent, lessee, or other person in charge of any place wherein any gainful occupation is carried on, who shall refuse admittance to an attendance officer, or oppor- Refusal of adtunity to an attendance officer for inspecting freely mittance, etc. any child or children employed therein, or who shall refuse to permit inspection by an attendance officer of any employment certificate, notice, registers, and other lists required by law to be filed or to be posted therein, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than twentyfive dollars nor more than fifty dollars. Such attend

Fine.