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LETTER OF TRANSMITTAL.

DEPARTMENT OF THE INTERIOR,

BUREAU OF EDUCATION,
Washington, April 7, 1910.

SIR: In the fall of 1906 and again in the fall of 1908 there was published in the Bulletin of this Office a carefully classified and annotated index of the legislation of the several States in matters pertaining to public education for the preceding two-year period, together with notices of some of the more important judicial decisions. These digests have been much in demand and have proved their usefulness. It is clear that that usefulness would be greatly increased if this could be made an annual publication. Such an arrangement now seems possible, and the first of the proposed series of annual publications of this kind has now been prepared by Prof. Edward C. Elliott, who edited the two biennial issues. I have the honor to transmit this compilation herewith, and to recommend that it be published in the Bulletin of the Bureau of Education.

The value of Professor Elliott's work in this field is universally recognized, though it has of necessity been done at a distance from the office of publication. With the appointment in the Bureau of Education of a specialist in school administration, it is expected that similar compilations will hereafter be prepared at Washington by members of the staff of this Office; and it is hoped that special publications may from time to time be put forth in this field as the need for them may arise.

ELMER ELLSWORTH BROWN,

Very respectfully,

The SECRETARY OF THE INTERIOR.

Commissioner.

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PREFATORY NOTE.

The following work, relating to current educational legislation and judicial decisions in the United States as generally affecting the organization and administration of the state school systems, was undertaken at the instance of the Commissioner of Education of the United States, Dr. Elmer Ellsworth Brown. It is in continuation of the plan inaugurated three years ago, which has resulted in two similar publications covering the periods 1904-1906 and 1906–1908 (Bulletin, 1906, No. 3, and Bulletin, 1908, No. 7). The very evident. wide usefulness of these publications, together with the cordial reception by those for whom they were intended, seems to justify the present effort.

The work of preparation of the present number has been carried forward principally in the Wisconsin state library, the Wisconsin legislative reference library, and the law library of the University of Wisconsin, at Madison. To the members of the staff of each of these libraries I am indebted in the largest measure for their continued and courteous assistance in placing the necessary facilities at my disposal. In this connection I desire especially to mention Mr. Gilson G. Glazier, librarian, and Mr. William H. Orvis, assistant librarian, of the state library. Dr. Charles McCarthy, librarian of the Wisconsin legislative reference library, has by his advice and continued helpfulness furthered in numerous ways the progress of my task. Miss Leone H. Spoor and Miss Jessie E. Wilcox, my assistants, have rendered much timely and valuable aid in the preparation of the manuscript and the correction of the proof.

The conditions under which this work was undertaken would have made impossible the incorporation of those portions dealing with judicial decisions relating to education had not Mr. H. E. Randall, editor in chief of the West Publishing Company, generously granted permission to make use of invaluable copyrighted material.

With but one or two exceptions the superintendents of public instruction, or the corresponding state educational officers, and the chief officers of normal schools and higher educational institutions, have responded to a request for information regarding the character. and importance of the legislation enacted in their several States

during the period under consideration. The assistance of these officers has added much to the value and quality of the results I have attempted to set forth, and I take this opportunity of expressing my appreciation of such assistance.

Throughout, the spirit of hearty cooperation, characteristic of the attitude of all those upon whom I have had to depend, and especially so of the various members of the staff of the Bureau of Education, has contributed to make my work far less arduous than it otherwise would have been.

In spite of the care in preparation, a piece of work of this kind contains possibly some minor errors. For these, and perhaps larger ones, I alone am responsible.

The UNIVERSITY OF WISCONSIN,

EDWARD C. ELLIOTT.

February 1, 1910.

STATE SCHOOL SYSTEMS: LEGISLATION AND JUDICIAL DECISIONS RELATING TO PUBLIC EDUCATION, OCTOBER 1, 1908, TO OCTOBER 1, 1909.

GENERAL EXPLANATIONS.

Scope and plan. In the following pages an attempt has been made to classify and to analyze the changes wrought in the public school systems of the various States and Territories by the legislative measures enacted during the year, October 1, 1908, to October 1, 1909. Supplementary to this legislative material, there are also included digests of, or citations to, those decisions of the state supreme courts containing important interpretations of statutes relating to public education, or defining in a significant way the functions and status of the public schools.

Legislative sessions are biennial in all the States and Territories except in Georgia, Massachusetts, New Jersey, New York, Rhode Island, and South Carolina, where they are annual, and in Alabama, where they are quadrennial. The period selected includes the enactments of the regular session of the legislature in 41 States and Territories." In addition, the acts of extra and special legislative sessions held in several of the States have been examined for measures relative to the public school system.

The following table displays the time of meeting of those legislatures the enactments of which have been presented:

Table of legislative sessions, October 1, 1908, to October 1, 1909.

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• The acts of the 1908 session of the legislature of Georgia, excluded, owing to the delay in printing, from the bulletin issued in 1908, have also been included here.

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