The Wilmington daily Republican., 1901-04-09
CAN CHARGE
FOR TUITION

AT the meeting of the Board of Edu-
cation last night President Shortlidge
presented and had read the following
opinion from the city solicitor on the
matter OF nonresident pupils, in which
he says he is of the opinion that the
board has a right to charge tuition for
such pupils:
Replying to yours of the 3rd, making
inquiry as to the authority of the board
to charge tuition for nonresident pupils,
| beg to report that the charter of the
board provides that the board 'shall
have control and authority over all the
public schools in the city of Whining
ton, and shall increase the number and
improve the condition thereof, and to
do all acts necessary for establishing
and maintaining said schools us they
shall deem jndicious and cxpcdlent until
there are sufficient public schools to
accommodate all the children and
minors W hose parents, gtardians or mas
trrs desire for them the benefit
Further the charter provides: They
lthe members of the board) may pre-
scribe and enforce such rules and condi-
tions as they may deem proper for the
admission of pupils to the schools, etc.,
etc
The corporate nnme of She board is
"lhe Board Of I'ublic Education in
Wilmington clearly indicates that the
primal OBJECT of the board was to con-
trol the public schools in the city and the
natural inference follows that the board
is to provide for the pupils and minors
only who reside within the corporate
limits of the city of Wilmington and in
the limits of the city are supported by
taxes laid upon the real estate within
the city. II was evidently the intent of
the law that only the children living
in the city should be provided by the
boaru with school facilities.
am, therefore, clearly of the opinion
that the board of Public Education in
Wilmington has full authority to pro
hlbit the attendance of pupils in the
schools who live outside the city limits.
and further, | consider ii the duty Of
the board to restrict the use of the
schools to pupils living within the city,
except when those from without thu
city can be admitted without dctlmcnt
or hindlance to the resident pupils. and
then only by paying a fixed and definite
charge, so that if they enjoy the privi-
egr they shall in som" measure bear the
burden Of the expense of the schools
til II primarily are rthr accommodation
of the children living within the corpor-
ate limits Of the city of Wilmington.
and am of the opinion that the board
has authority TO make rules whereby
tuition shall be charged for nonresident
pupils. Henry G. Conrad,
City Solicitor
II was referred to the teachers COM
mitre.
At the previous meetin. OF the board
action on motion made by Mr.. Eraim
that III" superintendent notify all non
resident pupils 10 cease to attend the
schools after that week. had been de-
IayrI for two we; ks.The motion was
taken >lp last night and also referred
to the teachers committee.
Mr.. O'Donncll presented the follow
ing:
Il beg leave to submit for your
thoughtful consideration the following
preamble and resolutions Hs a suhsti-
tuc for the motion made at the last
meeting concerning the NONRESIDENT
pupils in thr public schools of Whining
ton:
Whereas, It has hcen n known fact
to tit" Board Of Public Education of
Wilmington for years past that the city
has been infriug"d upon hy admitting
children from outside the city limits
which is an imposition on the tax pay
rrS nt The city and has hecn dctrimcnt
10 the children of Wilmington by crowd
ing them ont Of the public schools of
the city. Be it
Resolved. That on and after Tuesday.
September 3. 1907, and every year there
after. the principals Of thr primary.
grammar and Wilmington High School
shall keep in their respective schools
Il list Of all pupils, their names ana resi-
drrccS and they shall inquire from AL
children making application for seats
their names aud residences ANA should
any nou-rrsidrntS h" received As pupils,
of the above named schools. the rrinci-
pals unon receiving information of the
same 'h" said principal Slla;l forward
+" the r"apr,tiv" r'm'nittrc Of The school
and upon such Information shall dis
mss all children who 1o not reside
W.'lHn the city limits frc'n ii ,ir re-
Sprrtivc school or schools and that the
Board Of Public Education sustain their
action and i" il further
Resolved. That any citzcn of VIII
nington keeping or boarding ar1 non
resident child or children shall show
II certified copy to the visiting committee
of the above named schools that the
said citizen is tn" legal guardian If the
said. child or children. before they shall
he received as pupils in tn, public
schools of the city of Wilmington. And
he il further
Resolved. That the foregoing prcam-
bic and resolutions shall not Interior,
with the pupils in the Wilmington High
Srhool who are attending the same at
the present time.
Very respectfully submitted.
Thos. +. ODonnell.
tn" preamble and resolutions were re-
ferrcd to the teachers committee.
Mr.. O'Donnel read the following list
showing the number of nonresident
pupils attending the various schools:
High School. SO; No. /, 0; No. Q, 4;
No. 8. 0; No. 4, 6; No. s. /: No. 6. 0; No.
7. !: No. s, 0: 10. Q, 6: No. 10, 0; No. H.,
2; No. 12, 6; No. 13. 3: No. IA, 4; No. Is,
q. M 1s A. M Il G. n 10 q. No N