Middletown transcript., 1907-05-11
AN ACT
To Compel the Attendance of Children
at Public Schools

at Public Schools
BE 1t enacted 6y the Senate and House 0
Representatives Of the State of Delaware /,
General assembly met.
Section ]. That following the spproya
of this Act every parent, guardian OIL
other person in this State having contro
of a child or children between the ages oi
seven and fourteen years shall be required
to send such child or children to a day
school, in which the common English
branches are taught; and such child OF
children shall attend such school contin-
uously for at least five months each year
during the time in which the public
school i'll their respective districts shall be
in session, beginning not less than one
month after the opening of said school,
unless such child or children shall be ex-
cused from such attendance by the Com
missioners of the School District in which
the parent, guardian or other person re.
sides, upon the presentation to said Com
nlissioners of satisfactory evidence show
ing such child or children are prevented
from attendance upon school or applica-
tion to study by mental, physical or other
urgent reasons, and such excuse must be
eountersigned by the County Superinten-
dent OF the County in which such Dis
trict is located; but the urgent reasons
shall be strictly construed and shall not
permit of irregular attendance. Pro-
vided, that each school district shall have
power each year at its regular annual
meeting to reduce the period of compul-
sorry attendance to not less than three
months, in which case the school meeting
must at that date fix time for compul-
sorry attendance to begin, but such date
shall not be later than January I'd, of
each school year. Provided that in case
there be no public school in session within
two miles by the nearest travelled road OF
any person within the school district, he
or she shall not be liable to the provisions
of this Act, unless free conveyance is
provided.
Provided, that this Act shall not apply
to any child that has or is being otherwise
instructed in English in the common
branches OF learning Tor like period OF
time in any private school, or by any
legally qualified governess or paivate
teacher in a family, or by any other
means which shall be approved by the
County Superintendent of the proper
county. Provided further, that any
or teacher of any private school
or educational institution shall report
non, attendance as provided in Section 5
of this Act And provided also that the
certificate of any principal of private
school or of any institution for the educa.
ton of children in which the common
English branches are taught, setting forth
that the work of said school is in COM
pIiance with the provisions of this Act,
shall be sufficient and satisfactory evil
dence thereof,an the principal or teacher
Of said school or institution shall have the
power to excuse any child or children
for non attendance during temporary per-
iods in accordance with the provisions of
this Act.
Section g That for every neglect of
duty imposed by the first section of this
Act, the principal or teacher or person in
parental relation, offending, shall be
guilty OF a misdemeanor, and shall, upon
conviction thereof before justice of-the
peace, magistrate or alderman, forfeit fine
not exceeding two dollars on first convic-
lion, and fine not exceeding five dollars
Tor each subsequent conviction, and inde-
iault of payment of said fine, the defen-
liant may be committed to the county
prison for a period not exceeding two
lays for the first conviction, and for
period not exceeding five days for each
subsequent conviction. Provided, upon
conviction the defendants may appeal to
20 the Court of General Sessions of the
proper county within fifteen days, upon
into recognizance with one
surety for the amount of fines and costs.
Provided, however. that before such ac-
ion shall be brought for any of the afore
aid penalties, the parent, guardian or
,ther person liable therefor, shall be noti-
led in writing by the County Superinten-
lent of Schools, or ssuch person as he
hall designate OF such liability, and shall