(1.) Course of Instruction in Public Schools.
83. No child above school age shall be admitted at any public
school without the special leave of the Committee, unless such school is a district high school.
"School age" means any age between the years of five and fifteen, reckoned in each case from the last preceding birthday.
84. Every public school shall be conducted in accordance with
Public schools to be conducted in accordance with regulations.
the following regulations (a copy of which regulations shall be conspicuously put up in every such school), namely,—
| (1.) | The subjects of instruction shall be as follows:—
Course of instruction in public schools.
- Reading,
- Writing,
- Arithmetic,
- English grammar and composition,
- Geography,
- History,
- Elementary science and drawing,
- Object lessons,
- Vocal music,
- And (in the case of girls) sewing and needlework, and the principles of domestic economy.
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But no child shall be compelled to be present at the teaching of history whose parents or guardians object thereto.
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| (2.) | The school shall be kept open five days in each week for at least four hours, two of which in the forenoon and two in the afternoon shall be consecutive, and the teaching shall be entirely of a secular character. |
| (3.) | The school buildings may be used on days and at hours other than those used for public school purposes upon such terms as the Committee may from time to time prescribe. |
| (4.) | The class-books used in the school shall be such only as shall be approved by the Governor in Council. |
| (5.) | The school shall be open at all times to the visits of an Inspector. |
| (6.) | No fees shall be payable at any public school except as hereinbefore provided in the case of district high schools. |
Military drill and physical training in certain schools. Playgrounds.
85. In public schools provision shall be made for the instruction in military drill of all boys, and in such of the schools as the Board shall from time to time direct provision shall also be made for physical training, and whenever practicable there shall he attached to each school a playground of at least a quarter of an acre.
86. Every male teacher having principal charge of a public school may open an evening school for pupils above thirteen years of age, but at such evening schools the teacher may charge a fee for the instruction of such pupils, subject to the approval of the Committee.
Expulsion of children in certain cases.
87. It shall be lawful for the teacher of any school to expel or forbid the attendance of any child for want of cleanliness, or who may be likely to communicate any contagious disease, or who from gross misconduct or incorrigible disobedience may be considered an injurious or dangerous example to the other scholars.
The parent or guardian of any child so expelled or whose attendance has been forbidden shall have a right of appeal, first to the Committee, and finally to the Board of the district.
Itinerant teachers may be appointed.
88. In outlying districts or parts of the country where from the scattered state of the population it is not practicable to establish a public school, the Board may appoint itinerant
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teachers under regulations to be provided for that purpose. The Board may also, on the recommendation of the Inspector,
in such outlying districts which it would be premature or inconvenient to constitute school districts, assist schools started by private enterprise, in books, school apparatus, or money, as the Board shall think expedient : Provided always that the schools so aided shall comply with the provisions of section eighty-four of this Act.
(2.) Compulsory Education: Exemptions.
89. Subject to the provisions of this Act, the parent or
Every child above seven nor more than thirteen to attend school.
guardian of every child not less than seven nor more than thirteen years of age shall, in case such child lives within the distance of two miles measured according to the nearest road from a public school within a school district, send such child to school for at least one-half of the period in each year during which the school is usually open,
90. The parent or guardian of any child may apply for and
receive a certificate from the Committee in the school district in which such child resides exempting such child from attendance in whole or in part at school, upon satisfying the Committee of the existence of any one of the following grounds, namely,—
| (1.) | That the child is under efficient or regular instruction otherwise, or is attending some private school or some educational institution not supported by grants from the Board, and which school or institution provides for instruction in reading, writing, and arithmetic on week days : |
| (2.) | That the child is prevented from attending school by sickness, danger of infection, temporary or permanent infirmity, or other unavoidable cause : |
| (3.) | That the road between the child's residence and the school is not sufficiently passable for such child : |
| (4.) | That one of the Inspectors or the master of any public school has, by writing under his hand, certified that such child has reached a standard of education prescribed by any regulations under this Act. |
And every such certificate of exemption shall state the ground of exemption, and shall be in force for a period of one year or for a shorter period, as may be named in such certificate; and during the period named in such certificate the holder thereof shall be freed from the operation of the provisions
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of this Act in respect of the child named therein: Provided always that any parent dissatisfied with the decision of a Committee in refusing to grant an exemption certificate may appeal to the Board against such decision, and the Board may overrule or confirm such decision.
In case child does not attend school, notice may be given.
91. In case any Committee ascertains that any child between the ages of seven and thirteen years, and resident within the distance of two miles from a public school within its district, does not attend school, the Clerk or any member of such Committee may give the parent or guardian of such child notice in writing, in the form or to the effect in the Third Schedule hereto, calling upon such parent or guardian to send such child to school.
Proceedings to compel attendance.
92. If the parent or guardian of any child between the ages of seven and thirteen resident within two miles from a public school, not holding a certificate of exemption as aforesaid in respect of such child, refuses or neglects to send such child to a public school after having been called upon in manner aforesaid to do so, the parent or guardian of such child may be summoned before any two Justices of the Peace, who mar order such parent or guardian to send such child to a public school.
(3.) Penalties in certain cases.
Penalty for non-compliance with order of Justices.
93. In case any parent or guardian, after having been ordered as aforesaid by any two Justices of the Peace to send any child to a public school, neglects to obey such order, or, having obeyed the same for a time, without sufficient cause ceases to do so, such parent or guardian shall be liable to a penalty not exceeding forty shillings, and the same proceedings may be taken week by week in the case of failure by such parent to comply with the order aforesaid.
In any information or complaint under this Act, whether for recovery of penalties or for orders to send children to school, the allegation that a child is between the ages of seven and thirteen years shall be deemed sufficient primâ facie evidence of the fact until the contrary is proved, and in every case the father and mother or guardian of any child may be witnesses.
Proceedings to be taken under "Justices of the Peace Act, 1866."
94. All proceedings for orders to send children to school and for recovery of penalties under this Act may be had and taken in the manner prescribed by "The Justices of the Peace Act, 1866."
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95. The parts of this Act from section eighty-nine to section
Compulsory clauses, when shall be enforced.
ninety-three, both inclusive, shall only come into force in any school district upon the vote of a majority of the Committee of such district.
96. Any person who shall wilfully disturb any school, or who
Penalty for wilful dis-turbance of school.
shall upbraid, insult, or abuse any teacher in the presence or hearing of the pupils assembled in school, shall be liable to a penalty not exceeding forty shillings.
(4.) Inspection of Schools.
97. All public schools within the meaning of this Act shall
be inspected at such times and in such manner as may be prescribed by regulations.
98. Where the teacher or managers of any private school
Private schools may be inspected on request of managers.
desire to have their school inspected by an Inspector, such teacher or managers may apply to the Board to authorize such inspection, and the same, when authorized, shall be conducted in like manner as the inspection of public schools.
The term "managers" shall mean and include all persons who have the control and management of any such school, whether the legal interest in the schoolhouse is or is not vested in them.
99. The Governor may from time to time cause inspection to
Governor may order inspection of industrial schools, &c.
be made by an Inspector of the Educational Department of any industrial school, reformatory, gaol-school, or other educational institution maintained wholly or in part by a grant or grants from the public revenue, or by endowments derived from a grant or grants of lands made at any time by the Governor or otherwise.
(5.) Regulations and Reports.
100. The Governor in Council may, subject to the provisions
Regulations may be made by Order in Council.
of this Act, from time to time make, alter, and repeal regulations and orders—
| (1.) | For the organization and management of the Department of Education: |
| (2.) | For defining the principle on which daily average attendance shall be calculated : |
| (3.) | For the examination and classification of teachers : |
| (4.) | For the employment, education, and examination of pupil-teachers : |
| (5.) | For the issue of certificates of competency to teachers : |
| (6.) | For the establishment and management of normal or training colleges:page 30.gif) |
| (7.) | For defining the standards of education which, under the provisions of this Act, may be prescribed by regulations : |
| (8.) | For prescribing the times and manner of auditing the accounts of Boards and Committees : |
| (9.) | For making such other regulations as may be necessary to secure the due administration of this Act. |
And all such regulations shall fix a day on which the same come into force, and shall be published in the Gazette, after which they shall have the force of law, and shall be laid before both Houses of the General Assembly as soon after they are passed as circumstances will permit.
Minister to make annual report.
101. The Minister shall, before the thirtieth day of June in each and every year, lay before the Governor a report upon the progress and condition of public education in New Zealand during the year ending the thirty-first day of December immediately preceding, and also a general statement of accounts.
Such report and statement shall be laid before both Houses of the General Assembly within one month if the Assembly be then sitting, and, if the Assembly be not then sitting, then within one month after the next ensuing session thereof.
Boards to make annual report.
102. Every Board shall, before the last day of March in each and every year, forward to the Minister a report of its proceedings during the previous year; and such a report shall contain a full account of the income and expenditure of the Board, audited as provided by regulations, and also such information relative to the public schools and to educational matters within the district as the Minister may direct.
Committee to forward yearly report to Board.
103. Every Committee shall, before the last day of January in each and every year, forward to the Board a report of its proceedings during the previous year. Such report shall contain a full account of the income and expenditure of the Committee, audited as provided by regulations, and also such information relative to the public schools and to educational matters within the district as the Board may direct.
School lands and buildings exempt from rates.
104. Notwithstanding anything contained in "The Rating Act, 1876," or in any amending Act, no rates shall be levied on any lands or building used for school purposes.
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teachers under regulations to be provided for that purpose. The Board may also, on the recommendation of the Inspector,
of this Act in respect of the child named therein: Provided always that any parent dissatisfied with the decision of a Committee in refusing to grant an exemption certificate may appeal to the Board against such decision, and the Board may overrule or confirm such decision.
