Bennett Law

by Michael John Bennett

Chapter 519,

AN ACT concerning the education and employment of children.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 

Every parent or other person having under his control a child between the ages of seven and fourteen years, shall annually cause such child to attend some public or private day school in the city, town or district in which he resides, for a period not less than twelve weeks in each year, which number of weeks shall be fixed prior to the first day of September in each year, by the board of education or board of directors of the city, town or district; and for a portion or portions thereof, to be so fixed by such boards, the attendance shall be consecutive, and such boards shall, at least ten days prior to the beginning of such period, publish the time or times of attendance, in such manner as such boards shall direct; provided that such boards shall not fix such compulsory period at more than twenty-four weeks in each year.

Sec. 2. 

For every neglect of such duty the person having such control and so offending shall forfeit to the use of the public schools of such city, town or district a sum not less than three dollars ($3.00) nor more than twenty dollars ($20.00); and failure for each week or portion of a week on the part of any such person to comply with the provisions of this act, shall constitute a distinct offense; provided, that any such child shall be excused from attendance at school required by this act, by the board of education or school directors of the city, town or district in which such child resides upon its being shown to their satisfaction that the person so neglecting is not able to send such child to school, or that instruction has otherwise been given for a like period of time to such child in the elementary branches commonly taught in the public schools, or that such child has already acquired such elementary branches of learning, or that his physical or mental condition is such as to render attendance inexpedient or impracticable, and in all cases where such child shall be so excused the penalty herein provided shall not be incurred.

Sec. 3. 

Any person having control of a child who, with intent to evade the provisions of this act, shall make a wilful false statement concerning the age of such child or the time such child has attended school, shall, for such offense, forfeit a sum of not less than three dollars ($3) nor more than twenty dollars ($20) for the use of the public schools of such city, town or district.

Sec. 4. 

Five days prior to the beginning of any prosecution under this act such board shall cause a written notice to be personally served upon such person having control of any such child, of his duty under this act, and of his default in failing to comply with the provisions hereof, and if, upon the hearing of such prosecution, it shall appear to the satisfaction of the court that before or after the receipt of such notice such person has caused such child to attend a school as provided in this act in good faith and with intend to continue such attendance, then the penalty provided by this act shall not be incurred.

Sec. 5. 

No school shall be regarded as a school, under this act, unless there shall be taught therein, as part of the elementary education of children, reading, writing, arithmetic and United States history, in the English language.

Sec. 6. 

Prosecutions under this act shall only be instituted and carried on by the authority of such boards, and shall be brought in the name of said boards, and all fines and penalties, when collected, shall be paid to the school treasurer of such city, town or district, or other officer entitled to receive school moneys, the same to be held and accounted for as other school moneys received for school purposes.

Sec. 7. 

Jurisdiction to enforce the penalties herein described in this act is hereby conferred on justices of the peace and police magistrates within their respective counties.

Sec. 8. 

Any child between the age of nine and fourteen years, who, without leave and against the will of his parent, guardian or other person having the right to control such child, habitually absents himself from the school to which he is sent or directed to be sent, and is beyond the control of his parent or guardian or other person having the right to control such child in that regard, and wanders or loiters in streets, alleys or other public places, shall be deemed a truant child, and on such truancy being alleged and proved, such truant child shall be adjudged a dependent child in like manner as is now provided by law for the adjudication of dependent children, and on being so adjudged dependent may be committed in like manner for such time not exceeding two years, as the judge or court having the jurisdiction of the matter may determine. Any child so committed may, upon proof of amendment, or for after sufficient cause shown upon a hearing of the case be discharged by such judge or court at any time, but such child shall not be so confined after the age of fourteen years, nor shall he be bound or apprenticed nor placed out of any school to which he shall be committed. Officers appointed by the board of education or board of school directors shall have power and authority to take a truant child found on the streets, alleys or other public places during school hours to such school conveniently located to the home of such child, as may be designated and requested by such parent, guardian or other person having the right to control such child, and such officer shall ascertain from such parent, guardian or other person having the right to control such child, the school which be desires such child shall attend; or in case of refusal to designate and request, by the parent, guardian, or other person having the right to control such child; or in case such child has no parent, guardian or other person in control, then to the public school situated in the district where such child lives, or to such public school as such board may direct.

Sec. 9. 

No child under thirteen years of age shall be employed or allowed to work by any person, company, firm or corporation at labor or service in any shop, factory, mine, store, place of manufacture, business or amusement except as hereinafter provided.

Sec. 10. 

The judge of the county court in the county where the child resides and is to be employed or to work, may, by order of record, grant a permit to any child over ten years to be exempt and in such county from the operation of this act as to such employment, and to such extent, and for such time and on such terms as may be named in such permit, on its being shown to his satisfaction that such child can read and write the English language and that it is fit and proper considering the lack of means of support of the family of which such child is a member, that such permit should be granted, and such permit may be rescinded by any such judge on written notice to such child, or to any person having control of or employing such child. Such permit must state the age, place of residence and the amount of school attendance prior to the granting of such permit. A record of such permits to be kept in such court. The court may, when the business of the court requires, appoint a suitable person to hear and report on all applications for the issuance and recision of permits, and may, on hearing such report, grant or refuse such application. Such person to be paid a reasonable compensation by the county, to be fixed by the county board. Such person shall be an officer of the court, and removable by an order of court at any time. No charge or fee shall be required in any matter under this section.

Sec. 11. 

No child shall be so employed or work who does not present such permit and every person before employing or permitting such child to so labor, or be at service shall require and retain such permit, and shall keep the same together with a correct list of all children so employed posted in a conspicuous manner in the place of employment, and shall show such list on demand, to any school officer or teacher or police officer.

Sec. 12. 

Any person, company, or corporation who employs or permits to be employed or to work any child in violation of this act, and any person having the control of any such child who permits such employment or work, shall, for every offense forfeit a sum of not less than ten dollars ($10), nor more than fifty dollars ($50), for the use of the public schools of such city, town or district, and every day of such illegal employment shall constitute a distinct offense.

Sec. 13. 

Any person having control of or in his employ a child who, with intent to evade the provisions of this act, shall make a false statement concerning the age of such child or the time such child has attended school or shall instruct such child to make any false statement, shall, for such offense forfeit a sum of not less than ten dollars ($10) nor more than fifty dollars ($50), for the use of the public schools of such city, town or district.

Sec. 14. 

This act shall take effect and be in force from and after its passage and publication.

Approved April 18, 1889.

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