among the several counties according to their population, respectively." North Carolina by an act of the general assembly establishing and regulating common schools, passed in 1853, provided "That the net annual income of the Literary Fund (exclusive of monies from the sale of Swamp Lands) shall annually be distributed among the several counties, in the ratio of their Federal population, to be ascertained by the census next preceding such distribution." New Jersey in 1846 by an act of its legislature provided for a State appropriation of $30,000 for the support of public schools, the apportionment to be made to the counties "in the ratio of the last taxes paid for the support of the government of this State by the said counties, respectively." Maryland by a law passed in 1826 apportioned school funds "according to the ratio of white population, as ascertained by the last preceding census of the United States." Connecticut had in force in 1834 a law that required the distribution of "The interest of the monies arising from the fund [State] ... according to the number of persons in such society [a school society operating a local school], between the ages of 4 and 16 years, to be enumerated and ascertained in the following manner: The committee of each school shall, in the month of August annually enumerate all persons residing and belonging within such district, on the first day of said month, between the ages aforesaid, and make returns thereof, together with the names of each person, to the committee of the school society, within said month, certified in writing, under the hand of said committee, and sworn before a magistrate." Kentucky by an "Act to establish a system of common schools in the State," approved in 1838, provided that moneys appropriated to the use of the common schools should be apportioned "according to the number of children between the ages of seven and seventeen years." Indiana by appropriate legislation had provided by 1844 that "The interest arising out of the surplus revenue fund loaned in each county shall, by the county auditor, on the first Monday of March and September annually, be divided among the different townships within such county, in proportion to the children within such townships between the ages of 5 and 21 years." . . . The township trustee shall see that a list of the children within 5 and 21 years of age resident within their townships, is filed with the county auditor." Massachusetts. in 1842 enacted a maximum 10-hour day for children under 12 years of age employed in factories. Connecticut in 1842 enacted a maximum 10-hour day for children under 14 years of age employed in factories. Pennsylvania in 1842 by legislative action raised the minimum age from 12 to 13 for children employed in textile factories. Massachusetts enacted a law in 1852 which prescribed that "Every person who shall have any child under his control between the ages of eight and fourteen years shall send such child to some public school within the town or city in which he resides, during at least twelve weeks if the public schools within such town or city shall be so long kept." Legal provisions for establishing adequate machinery for the enforcement of school attendance were frequently lacking in the early compulsory education laws. For example, the appointment of attendance officers was frequently permissive; provisions governing exemptions under the laws were commonly general, rather than specific, permitting the exercise of an unduly large amount of discretionary power on the part of local officials; legal penalties for violations, together with prescribed machinery for imposing them, were often inadequate. Moreover, there was, in many communities, a lack of supporting public opinion to make the early laws fully effective. As a consequence, the effectiveness of a statutory provision for compulsory school attendance varied considerably among the different enforcement units of a State.1 Gradually, however, legal provisions became more specific and mandatory with the growth of public opinion in the belief that education is an essential not only as a protective device for a democratic form of government, but also as a means for enabling the individual to enjoy the fruits of democracy in a way that he otherwise could not. The school census grew out of the need for some basis upon which to plan school facilities. As long as the school district was so small that the number of children to be educated was readily known to the local authorities, and so long as schools were locally supported, there was no need for a formal counting and recording of children. But when more and more State money became available for distribution and when the population increased until it was not possible to know from incidental ways the number of children for whom school facilities should be provided, the school census came into being. The census at first was a simple instrument, created by law, merely requiring local authorities to list the children of the district of the specified legal ages. As time went on, however, and more detailed and accurate information was needed for distributing State funds and planning school facilities, the items in which data were to be recorded were expanded and the procedures for collecting them were refined and made more specific. However, certain problems were encountered in obtaining, adequate and accurate census reports. Among these were the temptation to have the census lists as large as possible in order to obtain the maximum amount of State funds and, therefore, the possibility of enumerators listing as many names as possible, as they were frequently paid a certain number of cents for each name; the lack of adequate instructions as to procedures in making enumerations; and the consequent inaccuracies of the enumerators in performing their duties. As a result, census 1 See Development of Compulsory School Attendance. U. S. Office of Education Bulletin 1940, No. 6, Monograph No. 5. SUMMARY OF PROTECTIVE LAWS AND REGULATIONS REGARDING CHILDREN SCHOOL CENSUS FORTY-TWO STATES carry on a State-controlled school census. It is required by law in 40 of these States. In 1 State (Illinois), it is carried on by a regulation of the chief State school officer. Of the 6 States not carrying on a school census, 3 (Delaware, Nevada, and New Jersey) have permissive legislation for a school census in the Statutes, and 3 (Arizona, California, and Indiana) do not mention the school census. Of the 42 States that carry on a census, 27 take it annually, 6 make the count every 2 years, 1 State does it every 4 years, while 3 States hold to a 5-year period. In 4 States a continuous census is used. New York provides for a continuous census in all cities and annually in other school districts. The age spans most popular for the school census are 6-21 years, 6-18 years, and 5-21 years, 11 States having the first, 10 States the second, and 5 States the last range. Fourteen different age ranges are used in the 42 States having a school census. The States with the different age ranges are as follows: New York, Louisiana, birth–18; Michigan, birth-20; Minnesota, Montana, birth-21; Connecticut, 4-16; Oregon, Wisconsin, 4-20; Rhode Island, West Virginia, 4-21; Massachusetts, New Hampshire, 5-16; Ohio, Maryland, 5-18; Iowa, Kansas, Maine, Nebraska, Washington, 5-21; Arkansas, Florida, Georgia, Kentucky, Pennsylvania, Tennessee, Texas, Utah, Vermont, 6-18; Missouri, 6-20; Alabama, Colorado, Idaho, Illinois, Mississippi, New Mexico, North Carolina, North Dakota, Oklahoma, South Dakota, Wyoming, 6-21; South Carolina, 7-16; Virginia, 7-20. The local school board or the director (or secretary) of the board is usually the designated agency for taking the census. The power to hire enumerators is usually given to the board of education. The clerk of the school board and, in some cases, the teachers are asked to take the census as a part of their regular work. Often the county superintendent is charged with the responsibility of taking the census if the local school boards are remiss in their duty. In a few States police officers in large cities are required to aid in taking the census. It is fairly common for States either by statute or by regulation of the State board to have various types of handicapped children specially noted in the census. There is considerable variation in the language of the laws and the regulations so that the figures gathered in the different States are not necessarily comparable. Also, instructions in different States vary in defining various types of deficiencies. In some States, deaf, partially deaf, blind, and partially blind only are asked for; in others, feeble-minded only. A good beginning has been made in the census of these handicapped children. States having some kind of census of the handicapped are: Colorado, Florida, Idaho, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New York, North Dakota, Ohio, Oregon, Tennessee, Texas, Virginia, Washington, West Virginia, and Wisconsin. The school census is prescribed in most States for some period (usually about a month) between the first of April and the end of September. There are almost as many different dates set for the census as there are States taking the census. The laws of the States do not usually prescribe any date "as of" which it is to be taken. The forms for taking the census and the summaries required are left, in the majority of the States, by the law to the State department of education to prescribe and furnish. The laws of some States prescribe some or all of the items on the forms used in taking the census. The original individual census reports are usually filed with the officials of the local school system for their use in checking with the enrollment in school so that violations of the attendance laws can be located. In only a few States is there direct prescription of the use of census data. Summary reports to the chief State school officers are required by law in 35 States. In 1 State (Florida) a report is required for handicapped children and in 2 other States (New Mexico and Virginia) the State department regulations require such reports. The figures from the summary reports to county superintendents and State superintendents are used by 25 States as the basis for the allotment of funds to school districts. These States are: Alabama, Arkansas, Colorado, Connecticut, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Wisconsin, and Wyoming. |