Chap. 381.—An ACT to provide for the compulsory education of children
between the ages of eight and fourteen years, and to repeal an act entitled
an act to provide (in certain cases) for the compulsory attendance of
children between the ages of eight and twelve years upon the public schools
of Virginia and to repeal an act entitled an act to provide (in certain cases)
for the compulsory attendance of children between the ages of eight and
twelve years upon the public schools of Virginia, and providing penalties
for failure, and designating the manner of collecting such penalties, approved
March 14, 1908, approved March 27, 1918. [H B 8]

Approved March 24, 1922.

1. Be it enacted by the general assembly of Virginia:

Section 1. Every parent, guardian, or other person in the State
of Virginia, having control or charge of any child, or children, who
have reached the eighth birthday and have not passed the fourteenth
birthday, shall send such child, or children, to a public school, or to
a private, denominational or parochial school or have such child or
children taught by a tutor or teacher in a home, and such child, or
children, shall attend regular such school during the period of each
year the public schools are in session and for the same number of
days as in the public schools. The period of compulsory attendance
shall commence at the beginning of the school which the pupil at-
tends. But the provisions of this section shall not apply to a child
between the ages aforesaid who has completed the elementary course
of study prescribed by the State board of education, or the course
of study provided by the school he should attend, and who is actually,
regularly and lawfully employed; nor to any child who lives more
than two miles by the nearest traveled road from a public school,
unless public transportation is provided within one mile of walking
distance from the place where such child lives.

Section 2. For the purpose of this act instruction in a private
denominational, or parochial school, or in a home by a tutor or other
teacher shall be deemed equivalent to instruction in a public school.

Section 3. Any child who is physically or mentally incapacitated
for the work of the school is exempt from the provisions of this act,
but the division superintendent of schools shall have the right, and
he is hereby authorized, when exemption under the provisions of
this section is claimed by any parent, guardian, or other person hav-
ing control of any child or children for physical incapacity to require
from a practicing physician a properly attested certificate, issued
after such an examiriation as may be specified by the State board of
health, and such child or children should not be required to attend
school on account of some physical condition which renders attend-
ance impracticable or inexpedient, and if for mental incapacity the
division superintendent shall have the right, and he is hereby author-
ized, to require the child to submit to such mental test or tests
as may be prescribed by the State board of education.

Section 4. Any parent, guardian, or other person having control
of a child, who fails to send such child to school as required by this
act; or ; .

Any parent, guardian, or other person who makes a false state-
ment concerning the age of school attendance of a child between the
ages of eight and fourteen years who is under his control, such false
statement being made with the intent to evade the provisions of this
act 5 or

Any person who induces or attempts to induce any child to be
absent unlawfully from school, or who knowingly employs or har-
bors while school is in session any child absent unlawfully from
school; or

Any person who commits any offense under this act for which
no specific penalty is provided herein, shall be guilty of a misde-
meanor and on conviction shall be fined not exceeding twenty-five
dollars.

It is hereby made the duty of all attorneys for the Commonwealth
in their respective counties and cities to prosecute all cases ansing
under this act. In cities or counties having juvenile and domestic
relations courts, such courts shall have exclusive original jurisdiction
for the trial of all cases arising under this act.

Section 5. In any case where the tribunal before which any
prosecution is brought for violation of the provisions of this act shall,
after inquiry, find as a fact that the parent, guardian, or other person
having control of the child or children is unable to provide necessary
clothes in order that the child or children may attend school in com-
pliance with the law, such parent, guardian, or other person having
control of the child or children shall be acquitted, and such child or
children shall be deemed to be dependent. But the local school board
may, in any case in its discretion, furnish such child or children with
the necessary clothes, to be paid for out of any funds available, and
in this event such child or children shall be sent to school as provided
in section one of this act.

Section 6. Within fifteen days after the opening of the school
each principal teacher shall report to the division superintendent the
names of all pupils enrolled in the school, giving age, grade and
the name and address of parent or guardian. Said teacher shall in
like manner submit an auxiliary list giving to the best of his in-
formation the names of children between the ages of eight and four-
teen who reside within two miles of the school or within one mile
of a wagon route and who are not enrolled in the school. The di-
vision superintendent shall check these lists with the last school cen-
sus and with reports from the bureau of vital statistics. From these
reports and from any other reliable source the superintendent shall
within fifteen days make a list of the names of children who are
not enrolled in any school, and who are not exempt under the pro-
visions of this act. The division superintendent, or the attendance
officer, if one be employed, shall investigate all cases of non-enroll-
ment, and when no valid reason is found, shall notify the parent,
guardian or other person having control of the child, and require the
attendance of such child at the school within five days from the date
of such notice. A list of persons so notified shall likewise be sent to
the principal teacher of the school. If the parent, guardian, or other
person having control of the child do not within the specified time
comply with the provisions of this act, the division superintendent
shall report the facts to an attendance officer, if one be employed,
and it shall be the duty of said officer to whom the facts are reported,
to make complaint in the name of the Commonwealth of Virginia
before a justice of the peace, or a police justice of the magisterial
district or city in which the parent, guardian or other person having
control of the child resides ; or complaint may be made in the corpo-
ration or circuit court of the city or county in which said parent,
guardian or other person having control of the child resides (pro-
vided that where juvenile and domestic relations courts are main-
tained, such courts shall have jurisdiction in all cases arising under
this act), which officers and courts are hereby clothed with juris-
diction over all offenses and proceedings under this act with full
power to hear and try all complaints, impose fines and penalties and
fully execute the provisions of this act.

Section 7. An accurate daily record of atttendance of all children
between eight and fourteen years of age shall be kept by the teacher
of every public school. Such record shall at all times be open to any
officer duly authorized to enforce the provisions of this act who may
inspect or copy the same.

The principal or head teacher of every public school shall when-
ever a case arises report to the attendance officer or other person
duly authorized to enforce the provisions of this act, the name, date
of absence, and address of parent, guardian, or other person having
charge of such child, of all pupils enrolled who are unexpectedly
absent from school according to the provisions of this act, the valid-
ity of the excuse to be determined in each case by the judgment
of the teacher.

If any parent, guardian, or other person having charge or control
of a child between the ages of eight and fourteen years causes, per-
mits or allows such child to be absent from school unlawfully for
five days or its equivalent in any school month shall be notified in
writing by the attendance officer or the division superintendent to
cause said child to attend school. If after service of such notice,
said child is again absent from school unlawfully during that school
month, or is absent from school unlawfully five days or its equiva-
lent during any subsequent school month of that school year, the
parent, guardian, or other person having charge or control of said
child who has failed or neglected to use all proper means to compel
attendance of said child shall be guilty of a misdemeanor, and upon
complaint by the attendance officer, division superintendent, or other
person authorized to enforce provisions of this act and upon con-
viction thereof shall be punished by a fine of not more than twenty-
five dollars ($25).

Provided that in the discretion of the local school board non-
enrollment or non-attendance upon school on account of necessary
work during certain seasons of the year may be considered lawful
and valid excuse for such temporary non-enrollment or non-
attendance.

Section 8. Every local school board shall have power to appoint,
with the approval of its division supezintendent of schools, one or
more attendance officers, who shall be primari.y charged with the en-
forcement of this act, and for such purpose only such attendance
officers are hereby vested with the powers and authority of police
officers and constables, provided that in the county or city where
no attendance officer is appointed by the local school board, the di-
vision superintendent of schools shall act as chief attendance officer.
Attendance officers shall be compensated for their services in such
sums, or by such fees, as shall be determined by their local school
boards, upon the recommendation of the division superintendent of
schools. Every attendance officer shall keep an accurate record of
all notices served, all cases prosecuted, and all other services per-
formed, and shall make an annual report of the same to the school
board appointing him.

Section 9. It shall be the duty of the State superintendent of
public instruction to formulate such rules and regulations and pro-
vide such assistance in his office as shall be necessary for the proper
and uniform enforcement of the provisions of this act in co-operation
with the local school authorities. He shall prepare and furnish such
blanks for attendance officers, teachers, and other school officials as
may be necessary for reporting each case of non-attendance to the
chief attendance officers or other person charged with the enforce-
ment of this act.

Section 10. In case any pupil has become habitually truant, or
because of irregular attendance or misconduct, has become a menace
to the best interest of the school which he is attending, or should
attend, then it shall be the duty of the attendance officer, or such
other person as may be charged with the enforcement of this act, to
report such fact and condition to the parent, guardian, or other person
having control of such child, who shall be held liable under the pro-
visions of this act for the regular attendance and good conduct of
such child, unless such parent, guardian, or other person having
control of such child, shall state in writing that he or she is unable
to control such child, whereupon said officer shall proceed against
such child as a delinquent child before a tribunal of competent juris-
diction.

Section 11. Nothing in this act contained shall apply to any
child or children who for cause have been excused from the opera-
tion of this act by the local school board.
Section 12. Any county or city which may be without adequate
buildings for the proper enforcement of this act at the time the
same becomes effective is hereby allowed two years from the date on
which it becomes effective to make ample provisions for its enforce-
ment; but this time shall be extended if in the opinion of the local
tax levying authorities of any county or city, such county or city is
unable to provide adequate facilities for all of the children subject
to enrollment hereunder, and the length of such extension shall be
determined by said local authorities. Provided, however, that the
school board of any county or city, the board of supervisors of the
county or the council or other governing body of the town or city
concurring, may except its county or city from the provisions of
this. bill; which exception may be rescinded at the pleasure of said

odies.

Section 13. An act entitled an act to provide (in certain cases)
for the compulsory attendance of children between the ages of eight
and twelve years upon the public schools of Virginia and to repeal
an act entitled an act to provide (in certain cases) for the compulsory
attendance of children between the ages of eight and twelve years
upon the public schools of Virginia, and providing penalties for fail-
ure, and designating the manner of collecting such penalties, approved
March fourteenth, nineteen hundred and eight, approved March
twenty-seventh, nineteen hundred and eighteen, is hereby repealed.