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The requirements relative to physical training are treated in a later chapter.

Religious Exercises in Schools.- Religious exercises of any character cannot lawfully be conducted in any public school. No pupil can lawfully be compelled to remain in school during a religious exercise, nor can a pupil be compelled to take part in any religious exercise. No part of the time prescribed for a public school to be in session can lawfully be devoted to religious exercises of any kind. Reading the Bible or repeating a prayer is a religious exercise. These statements are based upon the uniform rulings and decisions of the State Superintendents of New York State, and the Commissioner of Education.

In many cases all the patrons of a school are willing that religious exercises should be held. In any such case, it has been the policy of the Education Department not to interfere in any way with the holding of such exercises.

Where a portion of the patrons of a school desire the observance of religious exercises and pupils assemble in the schoolroom previous to the regular hour for opening school, and no objection is made by any taxable inhabitant of the district, such exercises may be conducted, provided all pupils are permitted to act their pleasure in regard to attendance thereon, and, provided the exercises are not continued beyond the hour at which the school should regularly convene. Whenever any dissensions would arise from conducting religious exercises on this plan, such exercises should not be held.

REVIEW QUESTIONS

Who have the authority to adopt courses of study for common-school districts? For union free-school districts? Does the law provide what subjects shall be taught in common schools? What subjects must be taught? What subjects does the compulsory education act provide shall be taught to children who are required to attend upon instruction? What subjects, then, must be included in courses of study? In what schools must such subjects be taught? May other subjects be included? What is the remedy if trustees include subjects unreasonable, impracticable, etc.? What authority have teachers in arranging courses of study? What authority have parents? Can parents direct what subjects their children shall pursue in a public school?

In what schools must the subject of physiology and hygiene be taught? What is the provision of law relative to teaching about alcoholic drinks? What pupils must study the subject in graded schools? In ungraded schools?

What about kindergarten pupils? What pupils must use text-books? What pupils must receive oral instruction? What period of instruction from textbooks must each pupil receive? What is the official ruling on this question? What is the ruling relative to oral expression? How must text-books be graded? What portion of text-books for pupils below the high school grade must be given to this subject? For pupils above the high school grade? How must matters relating to this subject be distributed in text-books? What is the law relating to pages on this subject which are put at the end of a book? What are the requirements in relation to Regents' examinations?

CHAPTER XVIII

INDUSTRIAL EDUCATION

[Article 22]

(As Amended by Laws of 1919, Chapter 531)

Vocational Schools in Cities.- Under the Industrial Education Law the board of education of any city may establish, acquire, conduct and maintain as a part of the public school system of such city the following:

I. General industrial schools in communities of less than twentyfive thousand inhabitants open to pupils who have completed the elementary school course or who have attained the age of fourteen years; and

2. Unit trade and technical schools open to pupils who have attained the age of fourteen years or who have completed the elementary school course or who have met such other requirements as the Commissioner of Education may have prescribed; and

3. Schools of agriculture, mechanic arts and homemaking, open to pupils who have completed the elementary school course or who have attained the age of fourteen, or who have met such other requirements as the local school authorities may have prescribed; and

4. Practical arts or homemaking schools open to pupils who have completed the elementary school course, or who have attained the age of fourteen years, or who have met such other requirements as the Commissioner of Education may have prescribed. Special requirements may be prescribed for courses conducted in communities of less than twenty-five thousand inhabitants.

5. Evening vocational schools in which instruction shall be given in the trades and in industrial, agricultural and homemaking subjects, and which shall be open to pupils over sixteen years of age, who are regularly and lawfully employed during the day and which provide instruction in subjects related to the practical work carried on in such employment; but such evening vocational schools providing instruction in homemaking shall be open to all women over sixteen years of age who are employed in any capacity during the day.

Part-Time or Continuation Schools. The board of education of each city and of each school district in which there are twenty or more minors above the age of fourteen years and below the age of eighteen years, who are not in regular attendance upon instruction, shall establish and maintain part-time or continuation schools or classes in which such minors shall receive instruction. Such schools or classes may be established in public school buildings,

in other buildings especially adapted for their operation, in manufacturing or mercantile establishments and in factories. Such schools or classes, wherever they are established or maintained, shall be under the control and management of the board of education and shall be a part of the public school system of the city or district which maintains them. Courses of study in private or parochial part-time or continuation schools or classes which meet the requirements of the statutes and the regulations prescribed thereunder may be approved by the Commissioner of Education and, when thus approved, attendance thereon shall be accepted for that required under this article.

Such part-time or continuation schools or classes shall be maintained each year during the full period of time which the public schools of a city or district are in session. The sessions of such part-time or continuation schools or classes shall be on the regular school days and for as many hours between the hours of eight o'clock forenoon and five o'clock afternoon as shall be necessary to provide the required instruction for such minors who reside in said city or district.

The courses of study in such part-time or continuation schools or classes shall be approved by the Commissioner of Education and shall include among other spbjects instruction in American history, the rights and obligations of citizenship, industrial history, economics, the essential features of the laws relating to the industries taught, and shall also include such other subjects as will enlarge the vocational intelligence of such minors.

The board of education of each city and of each such school district shall make necessary arrangements to begin to operate and maintain such part-time or continuation schools or classes, on the opening of the public schools in September, nineteen hundred and twenty, and shall annually thereafter in September open and maintain additional schools and classes so that by the opening of the public schools in September, nineteen hundred and twenty-five a sufficient number of such schools shall have been established as to afford the required instruction under this article to those minors who are required to attend such schools or classes.

Each minor under the age of eighteen years, who is not in regular attendance upon a public, private or parochial school or who is regularly and lawfully employed in some occupation or service, unless such minor has completed a four-year secondary course of instruction approved by the Regents of the university, shall attend a part-time or continuation school or class in the city or district in which such minor resides or may be employed. Such attendance shall be for not less than four hours per week and not more than eight hours per week for each week which such school or class is in session except that the school authorities may, subject to the approval of the Commissioner of Education, permit any such minor

to increase the number of hours per week of required attendance and decrease the number of weeks of required attendance. Such minor who is temporarily out of regular employment or service shall attend such school not less than twenty hours per week. The attendance upon a part-time or continuation school or class shall be between the hours of eight o'clock in the forenoon and five o'clock in the afternoon.

The Commissioner of Education shall make a survey of each city or district to ascertain the industrial, commercial, economic and social needs of such city or district and the benefits and opportunities to be afforded through the establishment of such part-time or continuation schools or classes to the community and to those who are required to attend such schools or classes. The industrial commission and the Commissioner of Agriculture shall co-operate with the Commissioner of Education in making such survey.

The Regents of the university shall establish regulations to govern and regulate the administration of such part-time or continuation schools or classes and the attendance of minors thereon. To meet local necessities the board of education of each city or school district may establish regulations but such regulations shall not conflict with the regulations adopted by the Regents.

The parent, guardian or other person having the custody or control of a minor who is required under the provisions of this article to attend a part-time or continuation school or class shall cause such minor to attend such school or class. A parent, guardian or other person who refuses or fails to comply with this provision of the law shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one hundred dollars or by imprisonment for not more than ten days, or both such fine and imprisonment at the discretion of the court. Any minor under sixteen years of age who fails to attend upon instruction as defined by this article shall be subject to the provisions of section six hundred and thirty-five of the Education Law, and a minor over sixteen years of age who fails to attend upon instruction as required by this act may be punished for any such violation by a fine not exceeding ten dollars, or by imprisonment for not more than ten days, or by both such fine and imprisonment.

Any person, firm or corporation employing a minor between the ages of fourteen year and eighteen years shall permit the attendance of such minor upon a part-time school or class whenever such parttime school or class shall have been established in the city or district where the minor resides or may be employed, and upon the termination of employment of any such minor the employer shall return within three days the employment certificate of such minor by mail to the school authorities, and a person, firm or corporation employing a minor over fourteen years of age and less than eighteen years of age contrary to the provisions of this article shall be subject to a fine of not less than twenty-five dollars and not more than

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