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The Pamphlet Collection of Sir Robert Stout: Volume 40

Extracts from the Education Acts of England and Wales, Scotland, N.S. Wales, Victoria, and South Australia

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Extracts from the Education Acts of England and Wales, Scotland, N.S. Wales, Victoria, and South Australia.

England and Wales.

An Act to Provide for Public Elementary Education in England and Wales.

[9th August, 1870.

Regulations for conduct of Public Elementary School.

7. Every elementary school which is conducted in accordance with the following regulations shall be a public elementary school within the meaning of this Act; and every public elementary school shall be conducted in accordance with the following regulations (a copy of which regulations shall be conspicuously put up in every such school,) namely:—
(1.)It shall not be required, as a condition of any child being admitted into or continuing in the school, that he shall attend or abstain from attending any Sunday school, or any place of religious worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere, from which observance or instruction he may be withdrawn by his parent, or that he shall, if withdrawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs.
(2.)The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school shall be either at the beginning or at the end or at the beginning and the end of such meeting, and shall be inserted in a time table to be approved by the Education Department, and to be kept permanently and conspicuously affixed in every schoolroom; and any scholar may be withdrawn by his parent from such observance or instruction without forfeiting any of the other benefits of the school.
(3.)The school shall be open at all times to the inspection of any of Her Majesty's inspectors, so, however, that it shall be no part of the duties of such inspector to inquire into any instruction in religious subjects given at such school, or to examine any scholar therein in religious knowledge or in any religious subject or book.
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Management and Maintenance of Schools by School Board.

Management of School by School Board.

14. Every school provided by a school board shall be conducted under the control and management of such Board in accordance with the following regulations.

(1.)The school shall be a public elementary school within the meaning of this Act.
(2.)No religious catechism or religious formulary which is distinctive of any particular denomination shall be taught in the school.

Fees of Children.

17. Every child attending a school provided by any school board shall pay such weekly fee as may be prescribed by the school board, with the consent of the Education Department, but the school board may from time to time, for a renewable period not exceeding six months, remit the whole or any part of such fee in the case of any child when they are of opinion that the parent of such child is unable from poverty to pay the same, but such re-mission shall not be deemed to be parochial relief given to such parent.

Miscellaneous Powers of School Board.

Payment of School Fees.

25. The school board may, if they think fit, from time to time, for a renewable period not exceeding six months, pay the whole or any part of the school fees payable at any public elementary school by any child resident in their district whose parent is, in their opinion, unable from poverty to pay the same; but no such payment shall be made or refused on condition of the child attending any public elementary school other than such as may be selected by the parent; and such payment shall not be deemed to be parochial relief given to such parent.

Attendance at School.

As to attendance of Children at School.

74. Every school board may from time to time, with the approval of the Education Department, make bye-laws for all or any of the following purposes :—
(1.)Requiring the parents of children of such age, not less than five, nor more than thirteen, years as may be fixed by the bye-laws, to cause such children (unless there is some reasonable excuse) to attend school.
(2.)Determining the time during which children are so to attend school: Provided that no such bye-law shall prevent the withdrawal of any child from any religious observance or instruction in religious subjects, or shall require any child to attend school on any day exclusively set apart for religious observance by the religious body to which his parent belongs, or shall be contrary to page 60 anything contained in any Act for regulating the education of children employed in labour.
(3.)Providing for the remission or payment of the whole or any part of the fees of any child where the parent satisfies the school board that he is unable from poverty to pay the same.

Inspection of Voluntary Schools by Inspector, not one of Her Majesty's Inspectors.

76. Where the managers of any public elementary school not provided by a school board desire to have their school inspected or the scholars therein examined, as well in respect of religious as of other subjects, by an inspector other than one of Her Majesty's inspectors, such managers may fix a day or days not exceeding two in any one year for such inspection or examination.

The managers shall, not less than fourteen days before any day so fixed, cause public notice of the day to be given in the school, and notice in writing of such day to be conspicuously affixed in the school.

On any such day any religious observance may be practised, and any instruction in religious subjects given at any time during the meeting of the school; but any scholar who has been withdrawn by his parent from any religious observance or instruction in religious subjects shall not be required to attend the school on any such day.

(II.) Parliamentary Grant.

Conditions of Annual Parliamentary Grant.

97. The conditions required to be fulfilled by an elementary school in order to obtain an annual parliamentary grant shall be those contained in the minutes of the Education Department in force for the time being, and shall amongst other matters provide that after the thirty-first day of March, one thousand eight hundred and seventy-one—

(1.)Such grant shall not be made in respect of any instruction in religious subjects :
(2.)Such grant shall not for any year exceed the income of the school for that year which was derived from voluntary contributions, and from school fees, and from any sources other than the parliamentary grant; but such conditions shall not require that the school shall be in connection with a religious denomination, or that religious instruction shall be given in the school, and shall not give any preference or advantage to any school on the ground that it is or is not provided by a school board:
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Scotland.

An Act to Amend and Extent the Provisions of the Law of Scotland on the Subject of Education.

[6th August, 1872.

Preamble.

And whereas it has been the custom in the public schools of Scotland to give instruction in religion to children whose parents did not object to the instruction so given, but with liberty to parents, without forfeiting any of the other advantages of the schools, to elect that their children should not receive such instruction, and it is expedient that the managers of public schools shall be at liberty to continue the said custom.

Power to Impose Rates.

44. Any sum required to meet a deficiency in the school fund, whether for satisfying present or future liabilities, shall be provided by means of a local rate within the parish or burgh in the school fund of which the deficiency exists.

School Fees.

53. The school board shall, subject to the provisions hereinafter contained with respect to higher class public schools, fix the school fees to be paid for attendance at each school under their management, and such fees shall be paid to the treasurer of the Board, and a separate account shall be kept of the amount of the fees derived from each school, and it shall be lawful for the school board, if they see fit, to pay to teachers of a school the fees derived from such school, and to divide the same among them as the school board shall determine.

Concience Clause.

68. Every public school, and every school subject to inspection and in receipt of any public money as herein-before provided, shall be open to children of all denominations, and any child may be withdrawn by his parents from any instruction in religious subjects, and from any religious observance in any such school; and no child shall in any such school be placed at any disadvantage with respect to the secular instruction given therein by reason of the denomination to which such child or his parents belong, or by reason of his being withdrawn from any instruction in religious subjects. The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school for elementary instruction shall be either at the beginning or at the end or at the beginning and at the end of such meeting, and shall be specified in a table approved of by the Scotch Education Department.

Parents to provide Elementary Education for their Children, and when unable to pay Fees to apply to Parochial Board.

69. It shall be the duty of every parent to provide elementary education in reading, writing, and arithmetic for his children, between five and thirteen years of age, and if unable from poverty to pay therefor to apply to the parochial board of the parish or burgh in which he resides, and it shall be the duty of the said page 62 Board to pay out of the poor fund the ordinary and reasonable fees for the elementary education of every such child, or such part of such fees as the parent shall be unable to pay, in the event of such Board being satisfied of the inability of the parent to pay such fees, and the provisions of this clause shall apply to the education of blind children, but no such payment shall be made or refused on condition of the child attending any school in receipt of the parliamentary grant other than such as may be selected by the parent.

New South Wales Education Act.

We publish below the most material clauses of the new Education Act of New South Wales, which was assented to on 16th April last. We call the special attention of our readers to clauses 7 and 17 regarding religious education, and clause 11 regarding school fees:—

6. The several classes of schools herein defined may be established and maintained under this Act as fully-organised schools, namely—
(1.)Public schools in which the main object shall be to afford the best primary education to all children without sectarian or class distinction.
(2.)Superior public schools in towns and populous districts in which additional lessons in the higher branches of education may be given under such regulations for the purpose as may be approved by the Governor.
(3.)Evening public schools in which the object shall be to instruct persons who may not have received the advantages of primary education.
(4.)High schools for boys in which the course of instruction shall be of such character as to complete the public school curriculum or to prepare students for the university.
(5.)High schools for girls.

7. In all schools under this Act the teaching shall be strictly non-sectarian but the words "secular instruction" shall be held to include general religious teaching as distinguished from dogmatical or polemical theology and lessons in the history of England and in the history of Australia shall form part of the course of secular instruction.

11. In all public schools the weekly fees shall not exceed threepence for each child up to four children of one family and for four or any larger number of the same family the total amount of fees shall not exceede one shilling. And in every cases the fees shall be payable to the teacher in charge of the school or other person appointed by the Minister to receive them and may be recovered page 63 by the person so appointed in a summary way before any Justice of the Peace and under regulations to be made for such purpose shall be remitted to the Colonial Treasurer and shall be paid into the Consolidated Revenue Fund.

12. The fees for the teaching in evening public schools shall be fixed by regulations approved by the Governor and all such fees shall be paid to the teachers performing such special duties and may be recovered by such teacher in a summary way before any Justice of the Peace.

13. The Minister or the Public School Board of the district under regulations to be made for that purpose may relieve parents or guardians from the payment of school fees in any case where their inability to pay such fees is satisfactorily shown.

14. It shall be lawful for any stationmaster on the Government railways to issue a free pass to any child to travel in a suitable railway carriage or van to and from any school establishment or declared to be certified under this Act. Provided that such school if a public school shall be the one nearest to the residence of the parents or guardians of such child.

17. In every public school four hours during each school day shall be devoted to secular instruction exclusively and a portion of each day not more than one hour shall be set apart when the children of any one religious persuasion may be instructed by the clergyman or other religious teachers of such persuasion but in all cases the pupils receiving such religious instruction shall be separated from the other pupils of the school. And the hour during which such religious instruction may be given shall be fixed by mutual agreement between the Public School Board in consultation with the teacher of such school and the clergyman of the districts or such other persons as may be duly authorised to act in his stead and any classroom of any public school may be used for such religious instruction by like agreement. Provided that if two or more clergyman of different persuasions desire to give religious instruction at any school the children of each such different persuasion shall be so instructed on different days Provided also that the religious instruction to be so given shall in every case be the religious instruction authorised by the Church to which the clergyman or other religious teachers may belong : Provided further that in case of the non-attendance of any clergyman or religious teacher during any portion of the period agreed to be set apart for religious instruction such period shall be devoted to the ordinary secular instruction in such school.

18. Notwithstanding anything to the contrary in the last preceeding section no pupil in a public school shall be required to receive any general or special religious instruction if the parents or guardians of such pupil object to such religious instruction being given.

22. In remote and thinly-populated districts where no public school may exist the Minister may establish schools which shall not be classed as fully organised but as provisional only under page 64 regulations for that purpose to be approved by the Govenor Provided that in all such schools the course of such instruction shall be wholly secular and that all such schools shall be subject to the same control and inspection as are prescribed for public schools Provided further that so soon as twenty children shall have been in regular attendance at any school for three months the said school shall be converted into a public school.

Victoria.

An Act to Amend the Law Relating to Education.

[17th December, 1872.

Four hours' Secular Instruction to be given.

12. In every State school secular instruction only shall be given, and no teacher shall give any other than secular instruction in any State school building, and in every school used under this Act not being a training school, night school, rural school, or other special school, four hours at least shall be set apart during each schoolday for secular instruction alone, and of such four hours two shall be before noon, two after noon, which shall in each case be consecutive; but nothing herein contained shall prevent the State school buildings from being used for any purpose on days and at hours other than those used for secular instruction.

Children of School age to be Instructed.

13. The parents of children of not less than six nor more than fifteen years shall cause such children (unless there is some reasonable excuse) to attend school for a period of sixty days in each half year, &c., &c., &c.

Parents neglecting to send a Child to School to be liable to a Penalty.

14. The parents of any child who neglects to send such child to school as provided in the last section may be summoned by any person authorized by the Minister or the local Boards of Advice before a Justice, and on conviction of such offence shall forfeit and pay a sum not exceeding five shillings for a first offence and twenty shillings for every succeeding offence, or in default may be imprisoned for a term not exceeding seven days.

Teacher to be paid by salary and fees and payment by way of results. First Schedule.

17. For the free instruction of all children attending school in the subjects specified in the First Schedule hereto, teachers of State schools shall be paid such salary and remuneration by way of results as shall be fixed by regulations : For instruction in other branches fees shall be charged to the parents in accordance with a scale to be fixed, and the teacher shall be entitled to such fees subject to a percentage to be deducted, which shall be applied as a fund for the payment of the teachers by way of results.

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First Schedule.

Section 10 and 17.

Reading; Writing; Arithmetic; Grammar; Geography; Drill, and, where practicable, Gymnastics; and Sewing and Needlework in addition for girls.

South Australia.

In the South Australian Education Act of 1875 we find the fol-lowing clauses inserted :—

An Act to Amend the Law Relating to Public Education.

[Assented to 15th October, 1875.

Four and a half hours secular instruction.

9. In every public school four and a half hours at least shall be set apart during each school day for secular instruction only; and such schools may open in the morning a quarter of an hour at least before the time fixed for such secular instruction to commence, for the purpose of reading portions of the Holy Scriptures in the authorized or Douay version. The attendance of children at such reading shall not be compulsory, and no sectarian or denominational religious teaching shall be allowed in any school.

School Fees.

13. The Council shall authorize a scale of fees to be paid for pupils, and the amount of all fees collected in any school shall be paid to the teacher thereof for his own use, or if there be more than one teacher, then in such proportion between the teachers as the Council may determine : Provided that it shall be in the discretion of the Council to authorize a special or distinct scale of fees in any case in which the general scale may appear to them inapplicable, or to authorize the payment of a special stipend without fees in exceptional cases.

Fees when remitted.

14. Notwithstanding any regulation for the payment of School fees, any child whose parent shall be unable to pay such fees shall not on that account be refused admission into a public school, but shall, on the inability being shown in the prescribed manner, be received and instructed in the same manner as the other pupils attending such school.

Child not to be refused admission, but parents to be summoned for fees.

15. No child shall be refused admission into a public School on account of the refusal or neglect of the parent of such child to pay the fees due for the education of such child; but all fees so due may be recovered from the parent in the name of the Council or of any person authorized by the Council, before any Justice of the Peace, in a summary way, under Act No. 6, of 1850, or any other Act in force for the time being in that behalf.