The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-13
NONE KEPT OUT or SCHOOL
SAYS SUPT. MAXWELL: TIE NEW
RED TAPE rs BENEFICIAL. :
1t Keeps the Glasses From Being Over
crowded With Young children and Lets
Older Ones In-Compiaints or the New
Rule Causel ess-It VIII he Enforced.


Rule Causel ess-It VIII he Enforced.
DIR. William H. Maxwell, City Superin-
tepdent Of Schools, gave out formal
statement yesterday about the complaints
against the rigid enforcement OF the rlse
that no children about the age OF years
shall be admitted to the public schools
without the production Of a certificate OF
birth, baptismal certificate, passport
or some such record. The statement said:
The number and character Of complaints
against the requirement OF the Board OF
Education that parents should furnish a
birth certificate or a baptismal certificate as
evidence OF the age Of children seeking ad-
mission to public schools indicate that the
purposes Of this rule are not at all under-
Stood In one case. parent insinuated thal
in some vague way the acceptance OF Dap
tismal certificate had some sort Of religious
connection. This is too absurd to need
answer. The baptismal certificate Is OF
interest to tho school authorities solely as
documentary proof Of the child 9 age. ana its
acceptance is merely for the convenience OF
parents who have this record but not GER
ti1cate OF birth
II parents would consider the question
without prejudice they would see in this
regulation provisions that safeguard their
own interests by preventing many seats IN
the schools which are required for older emil
dren from being filled by children below the
school age. For many years before these
requirements were adhered to strictly, u
was matter OF common knowledge that
many parents who wished to be reiieVeo
of the care OF their young children during
the day would assert that children or
years OF age were or years old.
The effect Of this was to put into class rooms
children entirely too young to follow the
course with benefit and who were consequently
a detriment to the other pupils OF normal age
They were nuisance to the teacher. inasmuch
as they required a nurse rather than an IN
structor. To permit such children 10 MI
seats needed for pupils Of full school age Is
to allow a serious injustice to the older chhoren
In order that children who evidently are OF
school age. but whose parents cannot supply
documentary proof Of the fact. may not be
kept out Of school. 1 have issued Instructions
to principals to admit children who in their
judgment are years Of age and to REQUIRE
presentation Of proof at later date: ate Inns Inns
will enable. parents whose chlloren were oo'n
elsewhere to secure records.
A copy Of the instructions was furnished
by DIR. Maxwell to The sun reporter. Ihey
say:
You are hereby directed to. register and
admit children who, IN your Judgment. are
and a they hays a not INFORM the
parent that at a future time to be speelfedi
application must be made to the v Board OF OF
apply this rule also in the case Of parents
who are obliged to apply TO the BOARD 81
Health for vaccination certificates lor their
children.
DR.. Maxwell was asked by THE SUN re-
porter what would happen II a parent OF a
child should apply to have the child ad-
mitted to school and yet be unable to pre-
sent documentary evidence as to age, as the
rule requires.
are no parents in the city who cannot, II
they wish, offer us sufficient proof OF the
chi1d's age. This rule in regard to age is
an excellent one, and 1t Is enforced strictly
but yet inteligently. and with the interest
to keep a single child that is entitled to
public education out Of the schools. Our
aim is to take in as many children as pos
sible, and the rule was adopted for that
are required, when parents are unable to
the time OF application to present docu-
mentary proof OF age and there seems to be
some doubt as to whether the child 10 really
under or over years, to receive the
a Certain length Of time in which to obtain
the documents certifying the child's age.
No hardship is put upon the parents In
case the parents do not happen to have
the proof with them at the time OF making
the application.
aSuppose that admission to school was
refused to a child because the parents
could not furnish documentary evidence OF
age; would that child be liable to arrest for
truancy?'
4No, the child would not be arrested
but the parent would be summoned to court
to explain why the child was not sent to
school In the Compulsory Education law
Z: is STATED that all children between 8
and ia year7 old shall attend school. A
child under years old cannot legally be a
truant, The object Of our rule Is to keep
out Of school children under a years who
would occupy the accommodation which
properly belong to children who are OF an
age to REAP the benefits Of an education,
when Supt Maxwell was asked what
legal authority he had for creating such Q
rule, he replied that 1t was an ordinance
Of the Board Of Education and under the
Charter such ordinances had the force OF
laws. He repeated several times that In
his opinion there was not single instance
In which a parent could not furnish salts
factory evidence OF the ohild's age in some
kind OF document.
At the office Of the Corporation Counsel
1t was said that the city's legal advisers
were not prepared for the moment to give
an opinion as to whether OF not the Board
Of Education was going beyond Its powers
in enforcing the rule, but that the ques-
ton would be looked into.