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CHAPTER 482.

[2367] AN ACT TO SECURE MORE ADEQUATE REGULATIONS FOR H 876 A.

Approved THE PROTECTION AND SAFEGUARDING OF CHILDREN June 13, 1923. IN INDUSTRY, AND AMENDING CHAPTERS 76 AND 85 OF THE GENERAL LAWS, AND ALL ACTS IN AMENDMENT THEREOF AND IN ADDITION THERETO.

It is enacted by the General Assembly as follows:

SECTION 1. Section 1 of chapter 76 of the general laws, entitled “Of truant children, and of the attendance of children in the public schools,” is hereby amended so as to read as follows:

“Section 1. Every child who has completed seven Children to years of life and has not completed sixteen years of lic day school life, unless he has completed in the public schools the in each year. elementary studies taught in the first eight years of school attendance, exclusive of kindergarten instruction, provided for in the course of study adopted by the school committee of the city or town wherein such child resides, or unless he shall have completed fifteen years of life and shall be lawfully employed at labor or at service or engaged in business shall regularly attend some public day school during all the days and hours that the public schools are in session in the city or town wherein he resides; and every person having under his control a child as Penalty, "except above described in this section shall cause such child causes. to attend school as required by the above stated provisions of this section, and for every neglect of such duty the person having control of such child shall be fined not exceeding twenty dollars: Provided, that if the person so charged shall prove or shall present a certificate made by or under the direction of the school committee of the city or town wherein he resides, setting forth that the child has

for certain

already completed the elementary studies above mentioned; or that the child has attended for the required period of time a private day school, or received private instruction approved by the state board of education; or that the physical or mental condition of the child was such as to render his attendance at school inexpedient or impracticable; or that the child was excluded from school by virtue of some general law or regulation—then such attendance shall not be obligatory nor shall such penalty be incurred; but nothing in this section shall be construed to allow the absence or irregular attendance of any child who is enrolled as a member of any school, or of any child sent to school by the person having control of such child."

SEC. 2. Clauses 1 and 2 of section 1 of chapter 85 of the general laws, entitled “Of factory inspection,” are hereby amended so as to read as follows:

Clause 1. Except as provided in clause twelve of this section, no child under fifteen years of age shall be employed or permitted or suffered to work in any factory, or manufacturing or business establishment within this state, and no child under sixteen years of age shall be employed or permitted or suffered to work in any factory or manufacturing or business establishment within this state between the hours of eight o'clock in the afternoon of any day and six o'clock in the forenoon of the following day.

“Clause 2. No child under sixteen years of age shall be employed or permitted or suffered to work in any factory, or manufacturing or business establishment unless said person, firm or corporation employing him or her shall have in his, their or its possession an age and employment certificate, given by or under the direction of the school committee

Employment of children under what ages, prohibited.

Age and employment certificate, form of, etc.

of the city or town in which said child resides; such certificate shall state (a) the name of said child; (b) the date and place of birth of said child; (c) the height, color of eyes and hair, and complexion of said child; (d) the name and place of residence of the person having control of said child, and such certificate shall certify (1) that said child has completed fifteen years of age, (2) that said child is able to read at sight and write legibly simple sentences in the English language and has completed a course of study equivalent to six yearly grades, and (3) that said child has been examined physically by a licensed physician, according to a standard examination as hereinafter provided, and that said physician has certified that said child is in sufficiently sound health and physically able to be employed in any of the occupations or processes in which a child between fifteen and sixteen years of age may be legally employed. The state board of health shall fix the requirements of a standard examination and shall make rules and regulations pertaining thereto. The statements contained in such certificate in regard to the name, date and place of birth of said bow ube child, shall be substantiated by a duly attested copy of the birth certificate, baptismal certificate, or passport of such child. The statement contained in such certificate in regard to the school record of said child shall be substantiated by a signed statement from the principal or chief executive officer of the school which the child has last attended, certifying that the child has complied with the educational requirements as above stated. Such statement shall also give the name, date of birth and residence of the child as shown on the records of the school and the name of the parent or guardian or custodian. After the Physical official authorized to issue the age and employment

Statements,

stantiated, etc.

examination,

Allowance for physical examination.

certificate above named has determined that the child applying for such certificate is fifteen years of age and has completed the necessary course of schooling as above required, said official shall send such child to a physician for a physical examination; provided, that the physical examination of any such child who resides in the city of Providence shall be made by either of the physicians appointed as hereinafter provided by the commissioner of education, and no age and employment certificate shall be issued to any child until the physician as above provided shall certify in writing that said child is in sufficiently sound health and physically able to be employed in any of the occupations or processes in which a child between fifteen and sixteen years of age may be legally employed. For making the physical examination and certifying as to the health, the physician, except those physicians appointed by the commissioner of education under this chapter, shall receive from the state the sum of one dollar. He shall render to the secretary of the state board of education his account, properly certified by the

official authorized to issue the age and employment Commissioner certificate required by this section. The commis

sioner of education is hereby authorized to appoint two physicians for the city of Providence, who shall make the physical examinations in accordance with the provisions of this section. On the first day of May, nineteen hundred fifteen, said commissioner shall appoint said physicians for the term of three years and every third year thereafter said commissioner shall appoint two physicians for the term of three years to perform the duties required by this section. Any vacancy occurring during any such term shall be filled by appointment by said commissioner for the unexpired portion of such term.

of education to appoint examining physicians for city of Providence.

examining physicians.

of age

Compensation

Said physicians shall examine all the children in said Duties of city between fifteen and sixteen years of who shall apply for a physical examination in accordance with the provisions of this section. Said physicians shall each receive in full compensation for of examining his services the sum of twelve hundred dollars, an- appointed. nually, on vouchers approved by the commissioner of education. Nothing herein contained shall be construed to affect clause eleven of section one of this chapter."

SEC. 3. Clause 11 of section 1 of chapter 85 of the general laws, entitled “Of factory inspection,” is hereby amended so as to read as follows:

“Clause 11. In case any child whose age has Special permit been proved in the manner provided in this chap- be issued to ter to be at least fifteen years is found to be unable of ago, when. to read and to write legibly simple sentences in the English language, the school committee, or the person authorized by the school committee to issue age and employment certificates, may, and upon the request of some interested person, shall certify the child's school record to the commissioner of education, together with a report of the child's inability to pass the literacy test. If the said commissioner upon consideration of the record, and such other evidence as may be presented or that he shall request, shall find that the child is mentally incapable of learning or of being taught to read and write English, and if the child shall be found by one of the physicians authorized to examine children under the provisions of this chapter to be in sufficiently sound health and physically able to be employed in any of the occupations or processes of which a child between fifteen and sixteen years of age may be legally employed, then the commissioner may authorize the school committee to issue for the child a special permit to

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