The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1906-01-31

suing Transfers giving pupllS legal right
to free tuition at the expense of districts
of which they are not residents. No dis
trict holds a mortgage upon the finances
of any other district. or has any right
to its school facilities, unless it shall
render it service similar in character and
equivalent in value, or shall pay there
for reasonable rate of tuition"
The particular section showing that
high schools are compulsory, says:
When pupil has fully completed the
elementary course Of study of the school
near his home and it is not deemed prac-
ticable to extend such course. if further
educational advantages are needed and
there is no convenient public school Of
higher grade in the district and no avail
able union graded school. then the Board
of Education is under both legal and
moral obligations to furnish him free
transportation to school of suitable
grade in the district, OF, with or without
transportation, as circumstances shall re-
quire, to arrange for his tuition in an
adjoining school district.
1T is within the discretion Of any
board to employ whichever method it
may deem the most expedient and to con-
tract with the particular district or dis
triets, and designate the particular school
or schools in which graduates from its
own course of study may receive free in
struction. The convenience of the pupil
and the standing of the school selected
should, howerer in each and every case,
be given due consideration. When suita-
Bile school facilities are available no
Board of Eeducation is warranted in
sending pupil to an inferior or unsuita-
BILE school because of its low rate of tut
ton. In such event it would be the duty
of the parent to appeal from the action
of the board"
The foregoing is buttressed by these
emphatic statements:
'.All children of school age have an in
alienable right to free instruction in the
public schools, and the law does not CON
template the possibility of even one Nj d
growing up in Ignorance or with but
partial common school education because
adequate school facilities have not been
provided. Lack of funds is not a valid
excuse for inadequate school facilities.
Therefore. when a board of education is
confronted by such exigency, there is no
alternative but TO call meeting of the
legal voters of the school district for the
purpose of authorizing a tax for the
amount found to be necessary.
If the people of district refuse to
provide suitable school accommodations,
or refuse to supplement the appropria-
tons received from the State by district
tax sufficient to meet current expenses,
such district is subject to the penalty of
having its apportionment of State school
moneys withheld. This necessary pro-
vision, though severe in its application
and really unfortunate for those most
vitally concerned (the children), is not
source of anxiety to the great majority
Of our school districts, or, in fact, to any
district whose school affairs are in the
hands of a competent and progressive
board of education
Professor Baxter says in closing:-
The preceding Interpretation OF the
law is not a recent discovery. either of
this department or of the leading school
men cf the State. 1t has long had legal
justification, but at no prior time have
conditions so generally fas ored and pub
lie sentiment so strongly demanded its
PRONUNCIATION. Many residents Of rural
communities have become acutely sensi-
Bile of the fact that the rural school is
not affording their children the education
al advantages which they have a right to
demand. and which progress in all other
lines makes necessary.
"A copy of this circular has been sub
mitted to the attorney general, purely as
a legal proposition, and the opinion rem
dered by him is as follows:-sI have read
with a good deal of interest the enclos-
ed tlraft of the circular which you have
prepared. and write to say that / agree
in all respects with what you say there
in.
Though our best public schools are
not better than they should be, nor bet
ter than it pays to maintain, the disparity
between the school facilities in our rural
districts and those provided for the youth
in our centres of population is far too
great.
For the purpose of establishing uni
formity of efficiency in our free public
schools and Of assuring the future pros
perity of our many important interests,
also as duty to society and a measure
of seif-preseryation, the State has assum-
ed control of public education. All chill
dren are its education proteges, all are
equally dear to it, and. as judged by its
standard or by any correct standard of
merit. all are OF equal Importance. There
fore, the State is warranted in demand
ing. and as matter of justice and equity
does demand, that its liberal appropria-
tions for the support of public education
shall be so supplemented by district
funds and 50 administered as TO confer,
in 50 Far as varying conditions will per
nit. equal benefit upon all children resid-
ing in the State.
NnrAT sAsEns TEr pEQ0nT pnIIre