Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1854-02-08
From the Ohio statesman.
The. School Law.
CINCISNATI, Jan, 3

From the Ohio Slacsman.]
The. School Law.
CINCINNATI, Jan. 81, 1854.
FRIEND CoX:-PeFmt me to answer, through
the Statesman, some half-dozen letters, submitting
questions in relation to the rights of children OF
nonresident parents coming into district for the
purpose of attending school therein
First Question What entities children to the
right of attending q particular school, and what
precludes them from that right! H aferaas
AnSrer:-AIl children OF schaol age are ent-
tied to the privilege Of attending the school in
which their parents, or guardians, or employers
reside, unless excluded by the directors, ON ac-
count of their misconduct. In other words, all
children included in the annual enumeration Ot
the directors of any school district, are entitled to
attend the school in such district. Such annual
enumeration should include all the children over
five and under twentyone years of age, who shall
at the time of taking such enumeration, actually
be in the district, constituting part of their pa
rents, or guardians, employers, if such parents,
or guardians, or employers, actually reside, at the
time, in such district, although such residence be
temporary, but such enumeration should not in
clude children belonging to the family of any per-
son who shall be an inhabitant Of any other dis
trct nthis State, in which such children may, by
luN1 UC VI ito oiCS-
tors. AS 10 what constitutes residence in law,
the courts have decided that a man cannot gain a
residence in place unless he goes there "wih the
intention Of yemaining." IT, however,, a person
who is not an inhabitant of some other dstrctre-
sides temporarily in given district all the chill
dren belonging to his family, should be included
in the enumeration, and be permitted to attend the
school in said district .,.....-s.. ...,
Children of nonresident parents, coming into a
district and boarding for the purpose of attending
school therein, are not entited,to such privilege
as matter of course; but they may be admitted
into such school with the appreciation, in writing,
Of the directors thereof, and upon such terms as
they may deem just; but such permission should
not be granted to the children of NONRESIDENT pa
rents nor TO persons over twenty one years Of
age, if by such admission the schoolwould become
too much DIVIDED. In such cases it would be
proper to charge tuition; Tor such nonresident
children are not Untitled as matter of course, to
to any share Of the public school fund belonging
to such district; and their tuition in such casemay
be charged in the first instance, to the person with
whom the children of nonresident parents board,
unless by express notice in writing he declines
being accountable for such tuition. When, how
ever such children are hired to labor service in
good faith, in the family Of an inhabitant Of the
district or are regarded and treated as a part Of
the family of such inhabtant and not merely ten
porary boarderS they are entitled to participate
equally with the other children Of the district in
the privileges of the school. ra .oa >.e2"
Question Secoad:-Are the treasurers Of the
town of Akron, and of the cities and towns viii, h
were created special school districts by the ''act
for the better regulation of schools in cities and
towns ETC., passed February 81, lS49, and by
the acts amendatory thereto, etc, requiring to set
tie with County Auditors for all school moneys
which may come into their hands as such treas.
urers! ''.' AA 7 "'
AnsaOer r:-Undoubtedly; if not SO required, a
large portion of the school fund would not be ac-
counted for at the office Of said Auditors. ~ =
| Sec 90 requires township treasurers to settle,
annually between the lst and goth of February,
with the county Auditor, and account to him for
all the moneys received, from whom, and on what
account, and the amount paid out for school pur.
poses in his township. 1t also requires him to
examine the vouchers for such payments, and il
satisfied with the correctness thereof, to certify
the same, which certificate is declared to be priana
facte, discharge of such treasurer, etc. Sec. "a
imposes similar duties and obligations upon the
treasurers of cities and incorporated villages which
have been created into school districts by Sec 80.
From the fact that Section 81 requires the sew
eral school boards, or other school officers acting
under the provisions of any of the acts to which
reference is made in this section, to make similar
reports of school statistics annually, anu from the
fact that this section forbds county treasurers to
pay any portion Of the school fund to any To-
cal treasurer, etc, except the order of the An
ditor of the proper county, and forbids any such
order to be drawn by him, unless the local treas.
urer, ETC., shall first deposte with said Auditor an
abstract of the enumeration of such scholars and
Ofhar statiStpS relative IN tho schools
charge, as required by the law of teachers, local
directors, and boards of education in townships,
etc. it is reasonable infer that the treasurers
these special boards of education should settle with
the Aud tors of their proper counties in the man
ner prescribed in Sec. 80 and 81 for treasurers OF
townships, and of cities, and Incorporated villa
| peS. IL IL RARNEv L..H