CHAPTER 162
FREE SCHOOLS - PROPOSED PART-TIME SCHOOL ATTENDANCE LAW.
AN ACT to require Boards of Education In counties and special school districts to provide part-time educational opportunities In general, civic and vocational subjects for all persons under sixteen years of age, who are not in attendance upon full time day school; to enforce attendance upon such part-time classes when established and providing penalties for violation of this Act.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. On and after the first day of September, 1921, the Board of Education in every school district in this State, in which there are employed or there resides fifteen or more children between the ages of twelve and sixteen years to whom have been granted an employment certificate in accordance with the child labor and compulsory school attendance laws shall establish and maintain part-time schools and classes in general, civic or vocational subjects for such employed children, or for minors under sixteen who have ceased to attend all-day schools. Such schools and classes shall be under the control and management of the Board of Education and shall be an integral part of the Public School system of the city or district which maintains them. Said part-time schools or classes shall be maintained each year during the full period of time when the Public Schools of the district are in session.
Section 2. All minors under the age of sixteen years must attend an all-day school as defined in the school code, or be legally employed. Every parent, guardian or other person having custody and control of a child between the ages of twelve and sixteen, who has been granted a certificate to leave school to engage in a legal employment shall cause such a minor to attend such a part-time school or class for a period the equivalent of at least four hours each week for at least thirty-six weeks if each year, while so employed. Provided further when such minor is temporarily unemployed, the hours of attendance upon such part-time school or class shall be at least twenty hours per week.
Section 3. Such attendance shall be in the school district where the minor resides or is employed, and shall be during the hours of 8 A. M. and 5 P. M., except on Saturday, when the hours shall be from 8 A. M. until noon.
Section 4. This Act shall be in full force and effect on and after September 1st, 1921, and shall apply only to the establishment of part-time schools or classes for minors under sixteen years who are issued permits after September 1st, 1921.
Section 5. The time spent in a part-time school or class by a minor under sixteen years shall be reckoned as a part of the time or number of hours said minor is permitted by law to work. Employment of a minor on the farm, in the home or in domestic service shall be considered as a minor legally employed in some occupation or service.
Section 6. The minor subject to the provisions of this Act who fails to attend the part-time school or class may have his employment and school leaving certificate revoked.
Section 7. All of the penalties provided in the compulsory attendance law of Delaware are hereby made applicable in requiring the attendance of minors under sixteen years subject to the provisions of this Act upon a part-time school or class.
Section 8. All of the penalties provided in the Delaware Child Labor Law are hereby made applicable for any violation of the provisions of this Act by any person, firm or corporation employing a minor subject to the provision of this Act. Said employer shall permit the attendance upon part-time schools or classes in his employ of all minors subject to this Act.
Section 9. Any school district which refuses or neglects to provide adequately for part-time schools or classes as required by this Act shall forfeit from state funds due such school district for High School purposes an amount equal to that which is estimated by the Board of Education as necessary to operate and maintain part-time classes needed by that school district.
Section 10. The school officials charged with the responsibility of enforcing the compulsory attendance laws of this state shall also be responsible for the enforcement of the attendance upon part-time schools or classes in accordance with the terms of this Act.
Section 11. Whenever any part-time schools or classes shall have been established in accordance with the provisions of this act and the rules and regulations established by the State Board and shall have been approved by the State Board, the district shall be entitled to reimbursement from Federal and State funds available for the promotion of vocational education for the expenditures made for the salaries of teachers of such part-time schools or classes and such reimbursement shall be apportioned by the State Board. The local board of any such school district is hereby authorized to raise and expend moneys for the support of such part-time schools, or classes in a manner similar to that by which moneys are raised and expended for other school purposes: Provided, that said boards may make a levy sufficient to cover expenses of such schools over and above the amount now provided for school purposes.
Section 12. Whenever any school board shall deem it inexpedient to organize part-time schools or classes for employed minors, it shall state the reasons for such inexpediency in a petition to the State Director for Vocational Education, and when the State Board for Vocational Education, upon the recommendation of the State Director, shall judge such reasons to be valid, the school board shall be excused from the establishment of such part-time schools or classes.
Section 13. All acts or parts of acts inconsistent herewith are hereby repealed.
Approved April 18, A. D. 1921
CHAPTER 165
FREE SCHOOLS AMERICANIZATION
AN ACT to assist In the Americanization of the foreign born non-English speaking residents of the State of Delaware, and to appropriate a sum of money therefor.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That in any School District within the State of Delaware, including the City of Wilmington, where there are ten or more persons over sixteen years of age, who do not speak the English language, and who desire to attend a class or classes in which they may receive instruction in speaking English, the School Committee or other body having control of the Public Schools of such District or of said City is hereby authorized and empowered to establish a class or classes, to be held in the evening or at such other time as may be convenient for such persons, for the instruction of such persons in the English language and in the institutions and forms of government of the United States and the State of Delaware. The teachers for such classes shall be employed by such School Committee or other body having control, as aforesaid, and need not be the holders of certificates under the provisions of the General School Law of this State.
Section 2. That the sum of Twenty-five Thousand Dollars per annum for each of the two years beginning January 1, 1921 and January 1, 1922, is hereby appropriated out of the general fund of the State for the purposes of this Act. That the said sum, or so much thereof as may be necessary, shall be used to pay the cost of inaugurating and maintaining classes for instruction as aforesaid, when such costs shall have been approved by the State Board of Education, and the said Board is authorized to give orders on the State Treasurer for the payment of such costs; such orders to be signed by the President or Acting President of said Board and attested by its Secretary. The State Treasurer is authorized and directed to honor all such orders up to the amount appropriated by this Act.
Section 3. That this Act shall take effect from the date of its approval by the Governor.
Approved April 7, A. D. 1921.