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missioner of Education to such district or city, otherwise forfeited to the State.

§ 637 Attendance of illiterate minors. 1 Every minor, between sixteen and twenty-one years of age, who does not possess such ability to speak, read and write the English language, as is required, for the completion of the fifth grade of the public or private schools of the city or school district in which he resides, shall attend some day or evening school or some school maintained by an employer as hereinafter provided in subdivision 6 of this act, in the city or district in which he resides throughout the entire time such school is in session; provided that no such minor be required to attend, if the Commissioner of Health, or the executive officer of the board or department of health of the city, town, village or district, where such minor resides, or an officer thereof designated by such board, department or commissioner shall deem such minor to be physically or mentally unfit to attend.

2 Any minor subject to the provisions of this section, who willfully violates any provisions of this section, shall be punished by a fine of not exceeding five dollars.

3 Every person having in his control any minor subject to the provisions of this section shall cause such minor to attend a school as hereby required; and if such person fails for six sessions within a period of one month to cause such minor to so attend school, unless the Commissioner of Health or the executive officer of the board or department of health of the city, town, village or district where such minor resides or an officer thereof designated by such board, department or commissioner shall certify that such 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.

4 Whoever induces or attempts to induce such minor to absent himself unlawfully from school or employs such minor except as is provided by law, or harbors such who, while school is in session, is absent unlawfully therefrom, shall be punished by a fine of not more than fifty dollars.

5 The employer of any minor subject to the provisions of this section shall procure from such minor and display in the place where such minor is employed the weekly record of regular attendance upon a school and it shall be unlawful for any person to employ any minor subject to the provisions of this section until and unless he procures and displays said weekly record as herein

provided. It shall be the duty of the teacher or principal of the school upon which he (such minor) attends to provide each week such minor with a true record of attendance.

6 Any employer may meet the requirements of this act by conducting a class or classes for teaching English and civics to foreignborn in shop, store, plant or factory, under the supervision of the local school authorities, and any minor subject to the provisions of this act may satisfy the requirement by attendance upon such classes. [Added by L. 1918, ch. 415, in effect May 1, 1918.]

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§ 638 Certificates of principals or teachers. tificates issued by any principal or teacher of schools as to the attendance or nonattendance of any person who should attend such school shall be presumptive evidence of the facts therein stated. [Added by L. 1919, ch. 303, in effect May 3, 1919.]

ARTICLE 24

School Census

Section 650 School census in cities of the first class, except the city of New

York

651 School census in cities not of the first class

652 School census in school districts

653 Penalty for withholding information
654 Payment of expenses

§ 650 School census in cities of the first class, except the city of New York. A permanent census board is hereby established in each city of the first class, except the city of New York. In the city of New York provision shall be made by the board of education for taking a school census in connection with the work of enforcing the compulsory education law.

Such permanent census board shall consist of the mayor, the superintendent of schools, the police commissioner or officer performing duties similar to those of a police commissioner. The mayor shall be the chairman of such board. Such board shall have power to make such rules and regulations as may be necessary to carry out the provisions of this article. Such board shall have power to appoint a secretary and such clerks and other employees as may be necessary to carry out the provisions of this article and to fix the salaries of the same. Such board shall ascertain through the police force, the residences and employments of all persons between the ages of four and eighteen years residing within such cities and shall report thereon from time to

time to the school authorities of such cities. Under the regulations of such board, during the month of October, 1909, it shall be the duty of the police commissioners in such cities of the first class to cause a census of the children of their respective cities to be taken. Thereafter such census shall be amended from day to day by the police, precinct by precinct, as changes of residence occur among the children of such cities within the ages prescribed in this article and as other persons come within the ages prescribed herein and as other persons within such ages shall become residents of such cities, so that said board shall always have on file a complete census of the names and residences of the children between such ages and of the persons in parental relation thereto. It shall be the duty of persons in parental relation to any child residing within the limits of said cities of the first class to report at the police station house of the precinct within which they severally reside, the following information:

1 Two weeks before any child becomes of the compulsory school age the name of such child, its residence, the name of the person or persons in parental relation thereto, and the name and location of the school to which such child is sent as a pupil.

2 In case a child of compulsory school age is for any cause removed from one school and sent to another school, or sent to work in accordance with the labor law, all the facts in relation thereto.

3 In case the residence of a child is removed from one police precinct to another police precinct, the new residence and the other facts required in the two preceding subdivisions.

4 In case a child between the ages of four and eighteen becomes a resident of one of said cities of the first class for the first time the residence and such other facts as the census board shall require. Such census shall include all persons between the ages of four and eighteen years, the day of the month and the year of the birth of each of such persons, their respective residences by street and number, the names of their parents or guardians, such information relating to illiteracy and to the enforcement of the law relating to child labor and compulsory education as the school authorities of the State and of such cities shall require and also such further information as such authorities shall require. [Amended by L. 1914, ch. 480.]

§ 651 School census in cities not of the first class. The board of education of each city of the second class and of each

city of the third class shall constitute a permanent census board in such city. Such board shall, under its regulations, cause a census of the children in its city to be taken and to be amended from day to day so that there shall always be on file with such board a complete census giving the facts and information required in the census provided for in section 650 of the Education Law in cities of the first class. All persons required to give information or make reports under the provisions of section 650 of the Education Law to authorities of cities of the first class shall be required to give similar information or make similar reports under regulations of the board of education in a city of the second class or a city of the third class. [Amended by L. 1917, ch. 567, in effect May 18, 1917.]

§ 652 School census in school districts. The trustee or board of trustees of every school district shall annually on the thirtieth day of August cause a census of all children between the ages of five and eighteen to be taken in duplicate in their respective school districts, and one copy thereof filed with the teacher on the first day of school and the other copy filed with the district superintendent on or before the fifteenth day of September. Such census shall include the information required from cities as provided in this article. [Amended by L. 1919, ch. 100, in effect March 27, 1919.]

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§ 653 Penalty for withholding information. parent, guardian or other person having under his control or charge a child between the ages of four and eighteen years who withholds or refuses to give information in his possession relating to such child and required under this article, or any such parent, guardian or other person who gives false information in relation thereto, shall be liable to and punished by a fine not exceeding twenty dollars or by imprisonment not exceeding thirty days.

§ 654 Payment of expenses. The money required for the purpose of carrying this article into effect shall be paid by the cities and school districts respectively, included in the provisions of this article, but, in cities in which a permanent census board as provided in section 650 of this chapter is not established and maintained, except the city of New York, and in school districts, such moneys shall be paid for the services rendered in the taking of the school census, on the certificate of the State Commissioner of Education that such census has been satisfactorily taken. [Amended by L. 1914, ch. 480.]

ARTICLE 25

Textbooks

Section 670 Power to designate textbooks

671 Requisites for change

672 Penalty for violation

673 Free textbooks in union free school districts

674 Textbooks containing seditious or disloyal matter

§ 670 Power to designate textbooks; purchase of textbooks and supplies for sale or rental. 1 In the several cities and union free school districts of the State, boards of education or such body or officer as perform the functions of such boards, shall designate textbooks to be used in the schools under their charge.

2 In the common school districts in the State the textbooks used in the schools therein shall be designated at an annual school meeting by a two-thirds vote of all the legal voters present and voting at such school meeting.

3 In the several cities and union free school districts of the State, boards of education or other school authorities may purchase textbooks and supplies and either rent or sell the same to the pupils attending the public schools in such cities and union free school districts upon such terms and under such rules and regulations as may be prescribed by such boards of education or other school authorities. [Amended by L. 1918, ch. 379, in effect April 30, 1918.]

§ 671 Requisites for change. 1 When a textbook shall have been designated for use in a union free school district or city as provided in subdivision 1 of the preceding section, it shall not be lawful to supersede such textbook by any other book within a period of five years from the time of such designation except upon a three-fourths vote of the board of education, or of such body or officer as performs the function of such board.

2 When a textbook shall have been designated in any common school district as provided in subdivision 2 of the preceding section it shall not be lawful to supersede such textbook except upon a three-fourths vote of the legal voters present and voting upon such proposition at an annual meeting of such district.

§ 672 Penalty for violation. Any person violating any of the provisions of this article shall be liable to a penalty

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