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The sections of State law cited in Table 5 may be located in the State-by-State compilation of statutory provisions, usually within the subdivision heading under which they are listed here.

Nonpublic school teachers must be certified by the State department of education in order for the school to meet the requirement of the State compulsory school attendance law.

Tuition for children to attend a State-approved nonpublic school will be paid with public funds in a district where no public school is available.

Free textbooks may be provided for all children whose parents are unable to provide them.

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in turn report to the superintendent or commissioner of education. In this way the degree of compliance with compulsory attendance requirements is determined. It is often a misdemeanor punishable by a fine for school officials to fail to submit attendance records to the proper authorities. There are statutory provisions in most States requiring nonpublic schools to file such attendance records with State or local educational agencies.

In addition to attendance records there are statutory provisions in several States obliging nonpublic schools to make other types of reports to the department of education. As an example of what may be required in these reports, in Alabama nonpublic schools must furnish once a year "such statistics as the number of pupils, the number of instructors, enrollment, attendance, course of study, length of term, costs of tuition, funds, value of property, and the general condition of the school."

Teacher Certification

Since teachers in nonpublic schools are not employed by the State, provisions naming their rights and responsibilities are not generally included in the statute laws of States. However, about one-third of the States require that nonpublic school teachers of all nonreligious subjects receive department of education certification. As noted earlier, there are four States that require nonpublic school teachers to be certified by the department of education in order for such a school to meet the compulsory attendance mandate. In Oklahoma, a nonpublic school may not receive State approval unless its teachers are certified by the department of education. A statutory provision in Oregon requires nonpublic school teachers to "take the same oath or affirmation of allegiance as that prescribed for public school teachers." There is a similar statute in Massachusetts law which requires all citizens of the United States who wish to teach in any school to take an oath of allegiance. States which provide some form of public support to nonpublic schools often require that teachers in those schools meet the certification requirements of the State department of education.

Health and Safety

Provisions for health and safety requirements apply to nonpublic schools in almost all of the States. Immunization of children, tuberculin tests for teachers, and classes for pupils in hygiene and nutrition are some of the requirements most often named in State statutes. A number of States compel all schools to provide protective

eye devices for use by students, teachers, and visitors in most laboratory courses and some vocational or industrial shops. Frequent fire drills' and school safety patrols are requirements for nonpublic schools in many States. In addition to the regulations contained in education codes, buildings used for educational purposes are required to meet the minimum standards set by State departments of health and State building codes.

A few States provide health and welfare services to nonpublic schools. A California statute provides for State supplements to Federal grants for school lunch programs to be administered in public and nonpublic schools. In Illinois and Michigan, recent laws have been passed to include nonpublic schools in projects to improve health education curricula. However, Connecticut, Michigan, and New York are the only States that provide equal health and welfare services for children in public and nonpublic schools.

Federal Aid

The impact of federally funded State programs for education is discussed elsewhere in this study. The purpose of including a subdivision for Federal aid in the State-by-State compilation is to report those States which, by statutory provision, formally accept Federal education assistance. Certain other provisions included in this category concern the duties and regulations assigned to various agencies of State departments of education in distributing Federal funds. Where nonpublic school children are explicitly included in particular programs, those provisions are also presented.

Miscellaneous

Certain statutory provisions in the education codes of States do not logically fall into any of the preceding categories and must be compiled under a general heading. Three States-New Hampshire, Ohio, and Oklahoma-require that nonpublic schools display an American flag. In Vermont, public and nonpublic schools must observe Abraham Lincoln's birthday with studies of his life and achievements. All schools must be closed on a general election day in Delaware. Several States have statutory provisions requiring the confidentiality of pupil records kept by teachers and counselors.

Among the nonregulatory State statutes which fall in a general category are provisions for State-funded scholarships for which nonpublic school students are eligible. Provisions for excusing public school children for religious instruction are also placed in the miscellaneous cateogry.

State-by-State Compilation of Constitutional
and Statutory Provisions Which Affect
Nonpublic Schools

As discussed in chapters IV and V and noted in tables 2 through 5, the constitutional and statutory provisions for each State are presented under specific categories and, thus, do not appear in the order of placement in the Statute Codes. The arrangement used in this study serves the purpose of facilitating quick comparisons among State statutes within the categories included. These categories were selected to cover the range and types of provisions most commonly found in education law. Inappropriate parts of certain sections have been deleted and marked with asterisks to indicate that these sections are incomplete. The most recent State legislation often appears under the Senate, House, or Assembly Act number.

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