Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1914-01-23
NOTICE TO PATRONS OF
WAUSEON PIJRLTC SCHOOL 6

AT called meeting or the Board
of Education Of Wauseon, January
17th, 1914, resolution was passed, in
conformity to the suggestion of the
State Epidemiologist, to reopen the
Public Schools Monday, January 26th,
and admit only such pupils and teach
ers as present certificate of having
been vaccinated within the last five
years.
1t is the desire of the Board of Edu-
cation to exclude no pupil from school
on account of vaccination any longer
than in the opinion of the Board is
necessary to safeguard the welfare of
the children. Therefore as soon as
the danger of contagion is past, pu-
pills will again be admitted to school
regardless of vaccination.
From the seventh grade to the high
school, the work of the next two weeks
will be review and examination. Pu-
pills in these departments who re-
main away from school on account of
will be given their ex-
animation when they return.
Note:-The Village Council has
made arrangements by which those
school children who have not been
provided with the means of vaccina-
tion by their parents or guardian may
be vaccinated free of charge. Such
persons should apply to the Health
Officer, ]. E. Cantleberry.
By Order of the Board of Education.
In view of the fact that consider
able discussion has occurred concern
ing the legal authority of Board Of
Education to exclude from school pu-
pills who have not been vaccinated, a
statement of the law may be of inter-
est to the general public.
The statute conferring this author
ity is found on page 106 Ohio School
Laws, section 1886, and reads as fol-
lows: "The board of education of each
district may make and enforce such
rules and regulations to secure the
vaccination of, and to prevent the
spread of smallpox among the pupils
attending or eligible to attend the
schools of the district, as in its opin-
ion the safety and interest of the pub
lie require. Boards of health, coun-
ellis of municipal corporations and the
trustees of townships, on application
of the board of education of the dis
trict, at the public expense, without
delay, shall provide the means of vac
cination to such pupils as are not pro-
vided Herewith by their parents or
guardians"
The constitutionality of the above
section has been passed upon by the
Supreme Court of Ohio In 1907, a
citizen and taxpayer of Barberton,
Ohio, whose two children had been
excluded from the public schools Of
that village because they would not
be vaccinated, brought suit against
the Board of Education to compel it
to admit his children to the public
schools. The case was tried in the
lower courts and by each court was
decided in favor of the Board of Edu-
cation. 1t was carried to the Su-
preme Court, which upheld the decis-
ion of the lower courts. This decision
and full discussion of the case is
contained in rs o. S. Reports, page
297.
There is therefore no question of
the legal right of Board of Educa-
ton, in any district In Ohio, to refuse
to admit pupils to the public schools
who are not vaccinated;, the legisla-
ture of Ohio has enacted a. law con-
ferring that authority upon Boards of
Education, and the Supreme Court Of
the State has upheld that law.