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OBSERVE LAW RELATIVE TO MEDICAL INSPECTION.

In New York if districts willfully refuse or neglect to comply with the law relative to medical inspection of pupils in the public schools and to observe the rules and regulations prescribed by the commissioners of education and health, the commissioner of education may, in his discretion, withhold the public money due such offending districts.

EXCLUSION OF INSTRUCTION IN FOREIGN TONGUES.

In Minnesota no part of the public money may be apportioned to any school in which the instruction is given in a foreign language.

EXCLUSION OF DENOMINATIONAL, SECTARIAN, OR PARTISAN INSTRUCTION.

In order to guard against the introduction of denominational, sectarian, or partisan instruction into the public elementary schools, four States-California, Idaho, Montana, and Nevada-withhold all State school funds from offending localities.

NONSEPARATION OF PUPILS BECAUSE OF RACE OR SOCIAL POSITION.

In Minnesota if any district classifies or segregates its pupils with reference to race, color, social position, or nationality, its share of the semiannual apportionment must be withheld.

CLOSING OF SCHOOLS DURING INSTITUTE SESSION.

Failure of district school boards to close schools during the time of holding teachers' institutes is sufficient cause in Montana for the withholding of all State school moneys, provided, however, that great distance of any school district from the place of holding the institute, or excessive loss of time, inconvenience, and cost are considered good grounds upon which the county superintendent, under the authority and direction of the State superintendent, may excuse any board of trustees from closing its schools.

APPOINTMENT OF A SCHOOL AGENT OR TREASURER AND THE REPORTING OF THE SAME.

In New Hampshire no unincorporated place may receive its portion of the literary fund until a treasurer or school agent has been chosen to receive and appropriate the same in the manner required by law. In Vermont no incorporated school district is entitled to receive its portion of the State school tax until its school board has furnished to the State treasurer the name of its treasurer.

PERFORMANCE OF ALL DUTIES SPECIFIED BY LAW.

Lastly, all school moneys are withheld in three States if localities fail to live up to all the requirements of the law.

In Maine, when the governor and council have reason to believe that a town has neglected to comply with the laws prescribing the duties of towns in relation to

public schools, they must direct the treasurer of the State to withhold the State school fund and the proceeds of the one and one-half mill tax until such town satisfies them that it has complied with the law. In Massachusetts no town may receive any part of the income of the State school moneys unless it has complied, to the satisfaction of the board of education, with all laws relating to the public schools. In New Jersey, when any officer or official body neglects or refuses to perform any legal duty, State school moneys are withheld upon the approval of the commissioner of education, and continue to be withheld until all laws have been complied with. Further, the commissioner of education may directly withhold from any district its share of the public money of the State for willfully disobeying any provision of the law or any decision, order, or regulation of the State board of education or of the commissioner.

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Withholding State school moneys for failure to comply with certain requirements.

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DISCUSSION.

Punishment for nonperformance of duty is the logical outcome of the adoption of mandatory legislation. When a State is endeavoring to maintain a certain principle, the only sure way by which it can expect to secure results is to punish acts of failure or refusal to perform specific duties. Although it is probably true that most communities and most officers will carry out the intent of the laws so far as they relate to education more faithfully than to any other branch of civil service, yet it is unfortunately true, even here, that acts of neglect will occur. Hence the necessity for legislative provisions such as have been dealt with within this standard. While the penalties in some cases are more severe than in others, as would be expected where different States are legislating upon the same subjects, yet they are all calculated to achieve the same end-the enforcement of the law. Consideration of the facts that 13 States transfer authority from local to State officers when local officers fail in their obligations in matters involving finance, that 11 States hold localities or local officers financially liable to the State for the same cause, and that 40 States withhold school funds in an endeavor to insure the carrying out of the laws relating to one or more aspects of educational administration in general, makes it evident that in this standard centralization has reached a high point.

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