the county superintendent, shall, during the first month of each school year, test the sight, hearing and breathing of all pupils under his charge, such examination to be made by observation, without using drugs or instruments, and without coming in contact with said child; and keep a record of such examinations according to the instructions furnished and make a written report of such examinations to the State Superintendent of Public Instruction as he may require.

"SEC. 2. Every teacher in the public schools shall report the mental, moral and physical defectiveness of any child under his supervision, as soon as such defectiveness is apparent, to the principal or, where there is no principal, to the county superintendent. Such principal or county superintendent shall promptly notify the parents or guardian of each child found to be defective, of the child's defectiveness and shall recommend to such parents or guardian that such child be thoroughly examined as soon as possible by a competent physician or surgeon with special reference to the eyes, ears, nose, throat, teeth and spine. If the parents or guardian of such child shall fail, neglect or refuse to have such examination made and treatment begun within a reasonable time after such notice has been given, the said principal or superintendent shall notify the State Bureau of Child and Animal Protection of the facts; providing, however, that whenever it shall be made to appear to the said principal or superintendent, upon the written statement of the parent or guardian of said child, that such parent or guardian has not the necessary funds wherewith to pay the expenses of such examination and treatment, the said principal or superintendent shall cause such examination and treatment to be made by the county physician of the district wherein said child resides; and it shall be the duty of such county physician to make such examination and treatment, and if he be unable to properly treat such child he shall forthwith report such fact to the county commissioners of the county, with his recommendation.

"SEC. 3. The State Auditor is hereby directed to draw his order for such sums and at such times as the State Superintendent of Public Instruction may require to carry out the provisions of this act. The total expenses under this act shall not exceed one thousand ($1,000.00) dollars in any biennial period ending November 30."

Chap. 203, Mar. 22, 1909.

745 *Indiana: Concerning health in schools in cities of more than 100,000 population. "SEC. 1. in every city of this state having a population of more than one hundred thousand, according to the last United States census, it shall be the duty of the board of public health and charities of such city, for the protection of public health, to make medical inspection, from time to time, of all persons attending, or employed in or about all public, private and parochial schools in such city. For this purpose such board of health shall appoint, from time to time, competent physicians to make the inspections, and shall prescribe rules and regulations concerning the number and character of inspections and for the doing of the work and for reports to the said board of health concerning the same. Said board of health shall have power to prohibit the presence in or about any such school of any pupil, teacher, other employe, or person whose health is such that his presence would be, in the board's opinion, injurious or dangerous either to the person himself or to others in attendance at such school, and such prohibition shall be effective until revoked by such board of health. Such board of health shall have power to appoint, from time to time, as its judgment may dictate, district nurses with such visitorial powers as such board may prescribe, to the end that such board may be kept informed of the care and attention that is being received by persons which it shall have so excluded from the schools and may be kept informed of the progress of such persons toward recovery.

"SEC. 2. All expenses necessarily incurred in carrying out the provisions of this act shall be borne by such civil city. It is hereby made the duty of every such civil city annually, beginning in 1909, to levy the sum of one-half (1) cent on each one hundred dollars ($100.00) of taxables within such city to create a fund, to be known as the school health fund, for carrying out the provisions of this act. Such fund shall under no circumstances be used for any other purpose, but for the purpose aforesaid shall be subject to the warrant of the proper city official without any further appropriation. The duty of making such levy shall be performed regardless of any limit now existing by law in the tax-levying power of any such city."

Chap. 114, Mar. 6, 1909.

746 *Maine: Relative to the appointment of school physicians.

"SEC. 1. The school committee of every city and town shall appoint one or more school physicians and shall assign one to the medical inspection of not over one thousand pupils of the public schools within its city or town, and shall provide them with all proper facilities for the performance of their duties as prescribed in this act, provided, however, the said committee has been so authorized by vote of town at regular town meeting or at a special town meeting called for that purpose.

"SEC. 2. Every school physician shall make a prompt examination and diagnosis of all children referred to him as hereinafter provided, and such further examination of teachers, janitors and school buildings as in his opinion the protection of the health of the pupils may require.

"SEC. 3. The pupils so examined by school physicians when treatment is necessary shall not be referred to the school physicians for such treatment except the school physician be the regular family physician of such pupil, but shall be referred to the regular family physician of such pupil through the parents or guardians.

"SEC. 4. The school committee shall cause to be referred to a school physician for examination and diagnosis every child returning to a school without a certificate from the board of health or family physician after absence on account of illness or from an unknown cause; and every child in the schools under its jurisdiction who shows signs of being in ill health or of suffering from infectious or contagious diseases, unless he is at once excluded from school by the teacher; except that in case of schools in remote and isolated situations, the school committee may make such other arrangements as may best carry out the purposes of this act.

"SEC. 5. The school committee shall cause notice of disease or defects, if any, from which any child is found to be suffering to be sent home to his parents or guardian. Whenever a child shows symptoms of smallpox, scarlet fever, measles, chicken pox, tuberculosis, diphtheria, or influenza, tonsilitis, whooping cough, mumps, scabies or trachoma, he shall be sent home immediately or as soon as safe and proper conveyance can be found, and the board of health and superintendent of schools shall at once be notified.

"SEC. 6. The school committee of every city or town shall cause every child in the public schools to be separately and carefully tested and examined at least once in every school year to ascertain whether he is suffering from defective sight or hearing or from any other disability or defect tending to prevent his receiving the full benefit of his school work, or requiring a modification of the school work in order to prevent injury to the child or to secure the best educational results. Tests of sight and hearing shall be made by the teachers or by the school physicians. The committee shall cause notice of any defect or disability requiring treatment to be sent to the parent or guardian of the child, and shall require a physical record of each child to be kept in such form as the state superintendent of public schools shall prescribe after consultation with the state board of health.

"SEC. 7. The state superintendent of public schools shall prescribe after consultation with the state board of health the directions for tests of sight and hearing, and shall prescribe and furnish to the school committees suitable rules of instruction, test cards, blanks, record books and other useful appliances for carrying out the purposes of this act. The state superintendent of public schools may expend during the year nineteen hundred and nine a sum not greater than five hundred dollars for the purpose of supplying the material required for this act.

SEC. 8. Expenses which a city or town may incur by virtue of the authority herein vested in the school committee shall not exceed the amount appropriated for that purpose in cities by the city council and in towns by a town meeting. The appropriation shall precede any expenditure of any indebtedness which may be incurred under this act and the sum appropriated shall be deemed sufficient appropriation in the municipality where it is made. Such appropriation need not specify to what section of the act it shall apply and may be voted as a total appropriation to be applied in carrying out the purposes of this act. "SEC. 9. The provisions of this act shall apply only to cities and towns having a population of less than forty thousand inhabitants." Chap. 73, Mar. 16, 1909.

36582-10- -11

747 * New Jersey: Amending sec. 229, Acts, 1903 (sp. sess.), relative to the appointment of medical inspectors.

Making appointment of medical inspectors obligatory. Further defining duties.

"229. Every board of education shall employ a competent physician to be known as the medical inspector and fix his salary and term of office. Every board of education shall adopt rules for the government of the medical inspector, which rules shall be submitted to the State Board of Education for approval.

A

"The medical inspector shall examine every pupil to learn whether any physical defect exists, and keep a record from year to year of the growth and development of such pupil, which record shall be the property of the board of education, and shall be delivered by said medical inspector to his successor in office. Said inspector shall lecture before the teachers at such times as may be designated by the board of education, instructing them concerning the methods employed to detect the first signs of communicable disease and the recognized measures for the promotion of health and the prevention of disease. The board of education may appoint more than one medical inspector. board of education may exclude from school any child whose presence in the school-room shall be certified by the medical inspector as detrimental to the health or cleanliness of the pupils in the school, and shall notify the parent, guardian or other person having control of such child of the reason therefor. If the cause for exclusion is such that it can be remedied, and the parent, guardian or other person having control of the child excluded as aforesaid shall fail or neglect within a reasonable time to have the cause for such exclusion removed, such parent, guardian or other person shall be proceeded against and, upon conviction be punishable as a disorderly person.' SEC. 2. * *

*

Chap. 92, Apr. 13, 1909.

748 * Ohio: Supplementing sec. 4018, Revised Statutes, providing for the health of pupils of public schools.

"SEC. 1. Section 4018 of the Revised Statutes of Ohio be supplemented as follows;

"SEC. 4018-a. Any board of education in a city school district may provide for the medical inspection of pupils attending the public schools and for that purpose may employ competent physicians and nurses and provide for and pay all expenses incident thereto from the public school funds or may by agreement with the board of health or other board or officer performing the functions of a board of health for such city, provide for medical and sanitary supervision and inspection of the schools which are under the control of such board of education and of the pupils attending such schools, by a competent physician selected by the parent or guardian of the child, but in case of failure upon the part of the parent or guardian, then by the district physicians and other employes to be appointed by such board of health, and any board of education in a city school district making such agreement shall have power to provide and pay compensation to the employes of the board of health in addition to that provided by the city."

S. B. 120, p. 12, Mar. 15, 1909 (sp. sess.).

K. TEXT-BOOKS AND SUPPLIES.

The general legislation of the year concerning text-books and supplies contains, with one exception, little justifying special comment. The Illinois law (758), relative to the adoption, use, and price of text-books, attempts to enable the State to exercise a maximum of control over the conditions under which text-books are sold. As might be anticipated, such a measure has aroused much opposition. Nevertheless, it may be safely stated that other measures of this sort,

seeking to diminish the burden and to remove some of the major evils arising from commercial competition and exploitation, will be found in future legislation of many States. The resolution of the Florida legislature (757) is an illustration in point.

Among the items of text-book legislation and judicial interpretations, the following will attract the attention of those following the trend of affairs on this subject: The decision of the Virginia supreme court (753) as to the power of the state board of education to select school furniture for all the public schools of the State; the new provisions in Nevada (756) as to free text-books; the amendment to the Missouri (761) text-book law of 1907; the creation of special state commissions in Utah (762) and West Virginia (763).

(a) General.

749 California: Providing penalty for refusal of any teacher, employee, or school officer to use the text-books prescribed by the proper authority.

Chap. 265, Mar. 18, 1909. (July 1, 1909.)

750 Maine: Amending sec. 19, chap. 15, Revised Statutes, 1903, as amended by sec. 4, chap. 48, Laws, 1905, relative to the provision of school books and apparatus by towns for the use of pupils in public schools.

Prohibiting the purchase of second-hand books for schools.

Chap. 131, Mar. 24, 1909.

751 North Carolina: Assisting poor and indigent children to procure necessary school books.

Applies to Chowan County.

Chap. 837, Mar. 8, 1909. (July 1, 1909.)

752 North Dakota: Amending sec. 822, Revised Codes, 1905, relative to school equipment.

Permitting furnishing of other dictionaries than Webster's International
Dictionary.
Chap. 203, Mar. 13, 1909.

D. 753 Virginia (1909): Const., 1902, sec. 136 (Code, 1904, p. ccxlv), providing that each county, city, town (if a separate school district), and school district, may raise the money by taxation to be expended by the local school authorities for such schools as in their judgment the public welfare requires, does not prohibit the general assembly from conferring on the state board of education power to select school furniture for all public schools in the State.-Commonwealth v. School Board of City of Norfolk, 63 S. E., 1081.

(b) Free Text-Books.

754 Kansas: Amending sec. 6469, General Statutes, 1901, relative to school districts furnishing text-books.

Majority instead of two-thirds vote.

Chap. 216, Mar. 12, 1909.

755 Minnesota: Amending sec. 1, chap. 268, Laws, 1905, empowering boards of education in incorporated cities having over 50,000 inhabitants and constituting special or independent school districts to make rules and regulations for the government and management of schools and for the employment and examination of teachers therein.

Adding provision authorizing

*

[Sec. 1.]"** contract for and purchase of text books, pencils, tablets and such other school supplies, needful for the schools of the district, and providing for the free use of such text books, pencils, tablets, and other school supplies, by the pupils of such schools, or the sale to them at cost; but no such adoption or contract for text books shall be for less than three nor more than five years, during which time such text books adopted or contracted for shall not be changed.

Not applicable to cities operating under charter framed according to sec. 36, art. 4, constitution.

Chap. 351, Apr. 21, 1909. 756 *Nevada: Providing books, equipment, and materials, and encouraging the economic use thereof by the pupils of the public schools, and fixing penalties. "SEC. 1. The Board of Trustees of each School District may upon their own motion, and shall upon written demand by a number of qualified voters equal to ten per cent of the average number of children attending the public schools in said district during the preceding full school month, submit to a vote of the people, at the next ensuing general or special school election, the question of providing free text-books for the pupils attending said schools, and of levying a special tax for this purpose at a rate to be named in the demand, if demand be made, and in a notice of such election, which shall be given as required in the case of other special-tax elections.

"SEC. 2. If a majority of those voting at such election vote in favor of providing free text-books and of a special tax for the same, the Board of Trustees shall levy such tax, which shall be collected as other special taxes are collected and from the fund so provided, which shall be called the Book Fund, shall purchase a sufficient number of authorized text-books, as they may be required, and shall loan them upon such terms, and under such rules and regulations, as may be made by said Board, or as may be provided by law, to parents or guardians for the use of the pupils of the schools of said district.

"SEC. 3. All property purchased under this Act for a School District shall be and remain the property of said district, except as otherwise provided by law. "SEC. 4. Text-books purchased under this Act may be disposed of as follows: "(a) They may be sold for cash to pupils of the public schools, or to parents or guardians of such pupils.

(b) If the Board of Trustees so decide, pupils who have completed the last two years of the course of study for the district, may, as a mark of merit, be given the permanent ownership of such four text-books used by them during their last two years of study in the schools of said district, as said pupils may select.

"SEC. 5. The parents and guardians of pupils shall be responsible for all books loaned to the pupils in their charge, and shall pay to the Clerk of the Board of Trustees, for the Book Fund of the district, the full purchase price of every such book destroyed, lost or so damaged as to make it unacceptable to other pupils succeeding to their classes. The Board of Trustees may also make rules for payment for slighter injuries to books.

"SEC. 6. Credits shall be given to pupils in a ratio to be fixed by those having authority to fix ratios of credits, for the economic use and care of books in the hands of pupils, whether such books be the property of the district or otherwise. "SEC. 7. Equipment and materials for use in manual training, industrial training and the teaching of domestic science, may be supplied to pupils in the same manner, out of the same fund and on the same terms and conditions as books; provided, that no private ownership can be acquired in such equipment or material unless sold according to law when such equipment or material shall be no longer used or required for the schools of the district.

"SEC. 8. Authorized supplementary books for the use of the teachers may be purchased under this Act, and shall remain the property of the School District for which purchased unless sold in accordance with law.

"SEC. 9. Each year after the first introduction in any School District of the system provided for in this Act, and on or before the 10th day of January thereof,