Saturday, February 20, 2010

Restoring the Compulsory Attendance Law to its Original Purpose


HB 1580 restores the Compulsory Attendance law to its original purpose as written in 1871.

*The compulsory attendance law was never intended to apply to parents who were instructing their children. It was intended for parents who were not undertaking that obligation - who were derelict in their duty, their fundamental right and responsibility, to instruct their children.

*This bill restores the unencumbered exemption for children instructed by their parents as written in the original compulsory attendance statute of 1871.



Manchester:
John B. Clark, State Printer
1878.


General Laws
Chapter 91. Scholars

Sect. 6. By-laws as to truants. (C.S. 78:1, 1802, 1278. G.S. 83:6.)
(page 221)
Any town may make by-laws concerning habitual truants and children not attending school, without any regular and lawful ocupation, between the ages of six and sixteen years, and to compel the attendance of such children at school, not repugnant to law; and may annex penalties for the breach therof not exceeding ten dollars for each offense.

Sect. 14. Duty of parents, guardians, etc. (1871 2:1)
(page 222)
Every parent, guardian, master, or other person having the custody, control, or charge of any child between the ages of eight and fourteen years, residing in any school-district in which a public school is annually taught for the period of twelve weeks or more within two miles by the nearest traveled road from his residence, shall cause such child to attend such public school for twelve weeks at least in every year, six weeks at least of which attendance shall be consecutive, unless such child shall be excused from such attendance by the school committee of the town, or the board of education of such district, upon its being shown to their satisfaction that the physical or mental condition of such child was such as to prevent his attendance at school for the period required, or that such child was instructed in a private school or at home for at least twelve weeks during such year in the branches of education required to be taught in the public schools, or, having acquired those branches, in other more advanced studies.