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Show POPULAR TALKS ON LAW THE RIGHT TO AN EDUOATION. By Walter K. Towors, A. B. , J. D., of tho Michigan Bar. The American public school Is undoubtedly undoubt-edly one or our most Important Institution!. Institu-tion!. No branch or government comes more intimately into contact with all of us, md so It is that affulrs relating' to public, education arc of Importance to almoin every person. Almost everywhere tho government provides pro-vides schools Tor Its young citizens. Education Edu-cation is the function or the state, and so ft tho state that provides Tor public schools. The legislature onacts the laws wlilojf provide Tor those schools and by wltlblj they are governed. Tiio school district is a political subdivision or the stated organized under state law. Orfe theory of f,.ic public school is that a state provides schools In order that its citizens may bo trained to become uscrul members of society, capable- or being self-supporting, self-supporting, profitable members or tho state. It Is rurthcr recognized that Intellectual In-tellectual enlightenment is necessary If our democratic form or government is to succeed. suc-ceed. The ruturc voter must bo educated. And sp It is that the state not only provides Tree schools, but rurthcr require that residents within the school uge attend schopl. Another theory or public Instruction Instruc-tion Is that It is a sort of mutual bonent arrangement by which all Join together to Share the expense and thus secure greater efficiency at a lower rolatlvo cost. Uut whatever tho theory or the reason for public school most parents desire that their children attend school, and a majority or children probably appreciate the advantages of an education. So. there is usually a desire to attend school and the question frequently arises as to the rights of a child to attond school. These questions frequently find thoir way into a court or law. Generally speaking a child or school age who is within tho rules or eligibility prescribed by law. and Is a resident within the school district is entitled to attend tho public school in that district without charge. Tho school laws or tho state usuaUy rix upon the school authorities or the district tho roasonablllty or providing rcasonablo and convenient accomodations and opportunity for instruction. These privileges are opon to all who aro legally entitled to attend the schools ana who wish to do so. As has been bofore stated the school system Is conducted by tho state and so Is within tho control or state law. So It Is that tho right to attend school deponds upon tho laws passed by tho legislature. Under tho laws In Torco In most or our states, tho right to attond tho public school deponds primarily upon rosidonco. The rcSldont child may attond tho public school without cost; tho child who Is not a resident may bo rofusod ontranco, or may be .charged a tuition. The rosldonce or the child is gonorally that or ills parent or guardian. Tho residence necessary to secure the right to attend school nood not bo a logal domicile, but any gonulne residence or ordinary pormanonco. IT a parent moves into a school district Tor tho school season and only Tor tho purpose pur-pose or allowing tho child to attend school in that district, tho right will not bo secured, and tho child may bo barred rrom school as a nonresident, or tuition may be charged, nut, gonorally spoaKing, ir tho paronts movo Into tho district Tor other purposos, ovon though It bo but n temporary tem-porary rosldonce during tho school term, tho child Is regarded as a residont with tho tight to attond tho public schools It Is possible Tor a child to secure o rosidonco apart rrom his parents and ir this occurs tho child has school rights In tho district or his rosidonco. A child who comos into a school district to mako ft pormanont homo with a ramlly living thorc, It being the attentior or his parents that he malco a permanent l"une there, socuros school rights. Out s not secure rosidonco by coming intc e district to live with others temporarily, or simply for the purpose or attending school thoro. Tho school board may accept nonresident pupils on such terms as it may rix as tho payment or tuition ir this does not interfere with the other pupils, who, being icsldents or that district have the rirst right to the school accomodations or the district. Children or persons Kept upon the county poor Hum aro usually held to be entitled to attend school In the district whore the farm Is situated. But tho law rroquontly rules against tho right or orphans or paupers at public Institutions to attend tho public school In the district whore tho institution is situated, especially whero runds aro provided ror tho education educa-tion or young Inmates. In some or our states a broader view Is taken, however, and school privileges aro rrecly extended to Inmates or denominational orphan homes and similar charitable Institutions. Tho school board, or other orriclals In charge of the schools aro allowed a wide discretion In the management or the schools and regulation or the pupils, except ex-cept as rr-stralned liy the state law, and unless their acts aro clearly unreasonable and prejudiced the courts will not lnter-rere. lnter-rere. Tho redress or a parent whoso child has been illegally barred rrom school Is by a legal remedy known as "mandamus," A p-umt who rinds It necessary to take such stops to onrorcc his legal rights should consult a competent attorney. A child cannot bo barred rrom the schools altogether because or color, but soparato schools may bo provluca ir tho accomodations aro equal. Tho ago within which pupils may, or must, attend school Is usually rixed by state law. Children have been barred rrom the public schools on tho ground or Immoral charactor even whero no acts evidencing this have been committed In school. Proven Immorality Is recognized by the law as a proper cause Tor barring a child rrom the public schools, yet some statos roqulro that cvidonces bo presented during school houi beroro such action may bo taken. The matter or transrors orton cau-js much dirriculty, and In this tho school board has a wldo discretion, its action, unloss clearly unreasonable and Improper, being final. These matters aro frequently rogulated by state law. Health regulations may bo logally imposed im-posed upon attendants at a public school. Tho right to require vaccination or all pupils is gonorally hold to be within tho legislative power, and children who aro not vaccinated as required may bo barred rrom the public schools. (Copyright 1013, hv Walter K. Towers). |