LEGISLATION AND JUDICIAL DECISIONS

RELATING TO PUBLIC EDUCATION.

[Citations to and digests of judicial decisions have been distinguished from legislative enactments by a capital "D" before the reference number. Enactments which have been reported by the chief officers of the several state educational systems as of the first importance in the development of those systems are indicated by an asterisk (*).]

A. GENERAL ADMINISTRATIVE CONTROL AND SUPERVISION OF ELEMENTARY AND SECONDARY EDUCATION.

(a) General.a

The most significant legislative event relating to the general administration, control, and supervision of public education during the biennium 1906-1908 was the creation of special educational commissions in a number of States; among others, Connecticut, Illinois, Iowa, Kentucky, Pennsylvania, Tennessee, Virginia, and Washington. The results of the investigations and recommendations of certain of these commissions promised to be most important factors in the legislative activity of 1909. Apparently, in the States concerned, the haphazard method of legislation for education was to give way to a plan whereby new legislation would be formulated on the basis of careful and competent study of conditions. Nevertheless, the experience of the year has demonstrated without question the inexpediency of endeavoring to bring about immediate radical reconstruction or wholesale amendments to existing laws governing education. Excepting the State of Washington (37), where a general reconstruction of the school code, based upon the report of the school code commission, was secured, the reports and proposed plans for educational reorganization presented by the more important educational commissions, notably those of Illinois, Iowa, and Pennsylvania, failed of any immediate and large constructive results. However, the arousing of public sentiment and the stimulation of public interest,

In the case of several States, the code of general laws has been revised and adopted during the year. These new codes, which frequently contain numerous minor changes in the laws concerning public education, have not been included in this analysis of legislation. New York, however, is an exception to the general practice (see enactment No. 28).

See Bulletin, 1908, No. 7, State School Systems, II, p. 21,

now the by-products of these educational commissions, may be accomplishments of large value. The systematic and comprehensive studies and reports made by the Illinois educational commission point the way for the whole country to a sounder legislative policy toward the public school. All in all, it may be said that the evolutionary character of great social institutions like education is amply demonstrated by the failure of the educational commissions to bring about sudden changes. The creation of the special educational commissions in Delaware (5), Idaho (7), and North Dakota (32) during 1909 will afford an opportunity to these States to profit by the experience of others.

Illinois (10), Missouri (21), and New York (28) effected a general revision and consolidation of the educational code. The general educational bill in Tennessee (308) must be regarded as something more than a financial measure.

The following enactments are selected for special mention: Kansas (12), extending certain authority of the state superintendent of public instruction over business colleges; New York (29), defining the terms used in the consolidated school law; Wisconsin (40), providing for an annual convention of city superintendents of schools under the direction of the state superintendent; Wisconsin (41), defining the term "school;" and Wisconsin (44), creating a commission relative to supplementary education.

1 Alabama: Repealing sec. 1720, Code, 1907, relative to meetings of the state board of examiners.

Sec. 1, act 73, p. 104, Aug. 21, 1909 (sp. sess.). (Dec. 1, 1909.)

2 Alabama: Amending secs. 1726 and 1727, Code, 1907, relative to compensation of members of the state board of examiners and other examiners.

Secs. 5 and 6, act. 73, p. 105, Aug. 21, 1909 (sp. sess.). (Dec. 1, 1909.)

D. 3 Arkansas (1909): A complaint in an action by a parent for the unlawful suspension of his child from the public school, which alleges that he will become liable for a specified sum for a term of school in another district for his child, which term commenced nine days before the institution of the action, and did not end for several months, states no cause of action, for it fails to allege that he has expended any sum.-Douglas v. Campbell, 116 S. W., 211.

4 *California: Amending sec. 1533, Political Code, 1906, relative to conventions of county and city superintendents of schools, called by the state superintendent of public instruction.

Authorizing annual (formerly biennial) conventions.

Chap. 166, Mar. 10, 1909.

5 * Delaware: Providing for the creation of a state school commission. Providing for a commission of three to consider and report upon the school laws. Appropriating $500.

Chap. 75, Apr. 7, 1909.

D. 6 Georgia (1908): The act approved August 21, 1906 (Acts, 1906, p. 61), in amendment of the act approved August 23, 1905 (Acts, 1905, p. 425), is not violative of Const. art. 7, sec. 1, par. 1, and article 7, sec. 6, par. 2, and article 8, sec. 1, par. 1 (Civ. Code, 1895, secs. 5882, 5892, 5906), because it fails to specify that the

local tax assessed for educational purposes shall be used for the instruction of children in the elementary branches of an English education, and because it fails to provide that the schools shall be free to all children alike, and because it fails to specify that the schools for the white and colored races shall be separate, as with reference to those matters, and details in the conduct of the schools and application of the money raised by taxation, the act will be construed in connection with existing laws.a-Coleman v. Board of Education of Emanuel County, 63 S. E., 41; 131 Ga., 643.

7 * Idaho: Creating a state school law commission; defining its powers, duties, and the qualifications of its members; providing for its organization and meetings; making provision for the expenses of such commission.

"SECTION 1. That a State School Law Commission for the State of Idaho be and the same is hereby created, to consist of three members one of whom shall be the State Superintendent of Public Instruction, who shall be Chairman of said Commission, the remaining two members to be appointed by the Governor of the State. Said Commission shall continue in office until April 1, 1911. It shall be the duty of the Governor of the State of Idaho to appoint the said two members of the said Commission within sixty (60) days after the passage and approval of this Act.

"SEC. 2. It shall be the duty of said State School Law Commission to hold its first meeting at the State Capitol on June 21, 1909, at two P. M. and to hold such other meetings at such times and places as shall by majority vote at any regular meetings, be appointed. At its first meeting as above provided said State School Law Commission shall organize by appointing a President, and a Secretary; these officers of the commission to remain in office for a period designated by the commission at the time of appointment. This commission shall further adopt rules for the government of its own meetings and shall keep an accurate account of all proceedings of each meeting. A majority of the members of the commission shall constitute a quorum for the transaction of all regular business of said commission. It shall further be the duty of said commission to investigate educational conditions in the State of Idaho, to familiarize itself with the school laws of Idaho and of other States, and to propose such amendments and additions to the present laws as shall be, in the judgment of the commission, for the best interests of educational work throughout the State. It shall further be the duty of said commission to issue a pointed report to the eleventh session of the Legislature of Idaho, which report shall show the results of all investigations made as above provided; together with a complete statement of the proposed amendments or additions to the school laws of Idaho.

"SEC. 3. It is hereby made the duty of school officials and school authorities in all schools of the State of Idaho to provide promptly, all such accurate information as shall, from time to time, in the judgment of the commission, be deemed essential to the carrying out of the provisions of this Act.

"SEC. 4. The members of said State School Law Commission shall receive no compensation for their services but shall be reimbursed for all expenditures for attendance upon meetings of said Commission including railway fares, hotel or living expenses while attending such meetings, or traveling to or from such meetings. It is further provided that all expenses including clerical service, postage or Attorneys' fees, connected with such investigations, as shall be authorized by said commission and connected with issuing of reports, as above provided shall be payable from the funds set aside for the consummation of the provisions of this Act as hereinafter provided. All claims for the payment of such expenses must be presented in such form and under such authority as is provided by law.

"SEC. 5. To carry out the provisions of this Act, the sum of five hundred ($500.00) dollars, or so much thereof as is necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated. Such money, thus appropriated, shall constitute a fund to be known as the 'Idaho School Law Commission Fund.' SEC. 6. *

* *

"

H. B. No. 29, p. 219, Mar. 15, 1909.

a For complete text of decision, see Recent decisions," at the close of this bulletin.

D. 8 Idaho (1908): School Laws (Sess. Laws, 1899, p. 105), sec. 82, as amended by act of 1905 (Sess. Laws, 1905, p. 71), forbidding a trustee to be interested in any contract made with the board, or in any supplies furnished, and providing that no action shall be maintained on a contract in which a trustee is interested, but the same shall be void, is founded in public policy, and intended to prevent abuses by trustees.-Independent School Dist. No. 5 v. Collins, 98 P., 857.

D. 9 Illinois (1909): Act of May 25, 1907 (Laws, 1907, p. 523), to provide free high school privileges for graduates of the eighth grade, and requiring payment of the tuition from the funds of the district of the pupil's residence only in case the parents are unable to pay the tuition, is unconstitutional, as violating Const. art. 8, sec. 1, requiring the establishment of a free school system for the benefit of all children in the State. People v. Moore, 88 N. E., 979.

10 *Illinois: Establishing and maintaining a system of free schools.

S. B. No. 96, p. 343, June 12, 1909.

D. 11 Kansas (1908): A board of education of a city of the first class may under Gen. St., 1901, sec. 6290, provide separate schools for white and colored children in grades below the high school, provided equal educational facilities are furnished; but, where the location of a school for colored children is such that access to it is beset with such dangers to life and limb that children ought not to be required to attend it, such children are denied equal educational facilities, and the action of the board requiring them to attend such school, and denying them admission to any other, is an abuse of discretion.a-Williams v. Board of Education of City of Parsons, 99 P., 216.

12 Kansas: Prohibiting business colleges or commercial departments from sending agents or representatives over the State to sell tuition or scholarships without first obtaining permission from the state superintendent of public instruction; penalty.

"SECTION 1. That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to canvass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the college, without the school first making application to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said application, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit; providing, however, that satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or business college or commercial department is incompetent to furnish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institution use misrepresentations or fraudulent methods in securing contracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit.

"SEC. 2. After having granted any business college, commercial school, or commercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements.

"SEC. 3. Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. "SEC. 4. Any person who shall violate this act by canvassing for students with the intention of selling tuition for cash, contract or note for any business college, commercial school or any commercial department of any other school without first having this permit from the state superintendent of public instruction, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be

• For complete text of decision, see "Recent decisions," at the close of this bulletin.