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PART I.

SCHOOL DISTRICTS AND SCHOOL BOARDS.

Constitution of School Districts.

The whole of England and Wales, for the purposes of the Education Acts, is divided into districts, termed "school districts." The districts thus constituted by the Act of 1870, are the metropolis; every borough subject to the Municipal Corporations Act, 1835; and each parish not included in the metropolis or a municipal borough (33 & 34 Vict., c. 75, sec. 4).

It has since been enacted that the Borough of Wenlock shall not be deemed to be a borough, and that the elections for school boards within the borough shall take place in the manner provided for a parish (37 & 38 Vict., c. 39).

There are also the following exceptions:

I. When a parish is partly within and partly without a municipal borough, the part outside the borough is to be deemed a parish by itself, and consequently a separate school district (33 & 34 Vict., c. 75, sec. 77; 39 & 40 Vict., c. 79, sec. 49); and

2. Where a part of a parish is detached from the principal part of the parish, and the Education Department with the consent of the Local Government Board have so directed, each part of the parish is in like manner, for the purposes of the Education Acts, a separate parish (36 & 37 Vict., c. 86, sec. 12; 39 & 40 Vict., c. 79, sec. 49):

It may be added that when the Education Department deem it expedient, they may by order form a “united school district" by uniting any two or more adjoining school districts; and when a united school district is formed, it is to be deemed a school district, and substituted for the school districts which are comprised in it (33 & 34 Vict., c. 75, sec. 40).

Proceedings preliminary to Formation of School Boards.

School districts being thus constituted, it devolves upon the Education Department to take the necessary steps to insure the provision of a sufficient amount of accommo dation in public elementary schools available for all the children resident in each district, for whose elementary education efficient and suitable provision is not otherwise made.

The term "elementary school" is defined as meaning a school or department of a school at which elementary education is the principal part of the education there given. It does not, however, include any school or department of a school at which the ordinary payments in respect of the instruction, from each scholar, exceed ninepence a week (33 & 34 Vict, c. 75, sec. 3).

An elementary school conducted in accordance with certain regulations is to be deemed a "public elementary school;" and no school which does not come within that term will receive any payment from the Parliamentary Grant.

The regulations referred to are to the following effect :--I. It is not to be required as a condition of the admission or continuance of any child in the school,—

(1) That he shall attend or abstain from attending
any Sunday school or any place of religious
worship; or

(2) That he shall, if withdrawn by his parent, attend
any religious observance, or any instruction in
religious subjects in the school or elsewhere; or
(3) That he shall attend the school on any day

exclusively set apart for religious observance
by the religious body to which the parent
belongs.

2. The religious observance or instruction in religious subjects in the school is only to take place at the beginning or at the end, or both at the beginning and end of the meetings of the school. The times for the religious obser

vance or instruction are to be inserted in a time-table, to be approved by the Education Department, and to be kept permanently and conspicuously affixed in every schoolroom.

No child withdrawn by his parent from any religious observance or instruction is to forfeit any of the other benefits of the school.

3. The school is to be open at all times to the inspection of one of Her Majesty's Inspectors of Schools; but it is to be no part of the duties of the inspector to inquire into any instruction in religious subjects given at the school, or examine any scholar in religious knowledge or in any religious subject or book.

4. The school is to be conducted in accordance with the conditions which are required to be fulfilled by an elementary school in order to obtain an annual Parliamentary Grant (33 & 34 Vict., c. 75, sec. 7).

With the view of enabling the Education Department to obtain the requisite information as to the amount of public school accommodation required for each school district, they are empowered to call for returns containing such particulars with respect to the elementary schools and children requiring elementary education in the district as they deem necessary (33 & 34 Vict., c. 75, secs. 8, 67).

The duty of furnishing these returns devolves on certain "local authorities "—in the metropolis, the school board; in boroughs, with the exception of Wenlock, the council; and in parishes not included in those districts, the overseers of the poor, or persons specially appointed for the purpose by the vestry of the parish on the requisition of the Education Department. The local authority are empowered to call upon the managers or principal teacher of every school in their district to furnish returns for the purposes of the Acts; and the local authority, with the sanction of the Education Department, may employ persons to assist in making the returns, and pay them for their services such remuneration as the Treasury may approve. That remuneration, together with any other expenses connected with

the preparation of the returns which may be sanctioned by the Treasury, is to be paid by the Education Department (33 & 34 Vict., c. 75, secs. 68, 69).

In the event of the local authority failing to make the required returns, the Education Department may appoint persons for the purpose. They may also appoint inspectors to inquire into the accuracy and completeness of returns, and into the efficiency and suitability of schools included in or improperly omitted from returns. The inspectors may also examine the scholars in any such school (33 & 34 Vict., c. 75, secs. 70, 71).

If the Education Department think it desirable, they may themselves, in any case where they are empowered to require the local authority to furnish a return, appoint a person to make such return, without requiring a return from the local authority (36 & 37 Vict., c. 86, sec. 19).

The Education Department, on receiving the returns, are to consider what public school accommodation, if any, is required for the district. In doing so they are to take into consideration every school-with the exception hereafter mentioned-whether a public elementary school or not, and whether situated in the school district or not, which gives, or will when completed give, efficient elementary education to, and is, or will when completed be, suitable for the children of the district (33 & 34 Vict., c. 75, sec. 8).

The exception referred to is the case of a school of which the managers or teachers refuse or neglect to fill up the form required for a return by the local authority, or refuse to allow the inspector appointed by the Education Department to inspect the school house, or examine any scholar or the school books and registers. In that case the school is not to be taken into consideration among the schools giving efficient elementary education in the district (33 & 34 Vict., c. 75, sec. 72).

When the Education Department have arrived at their decision as to the public school accommodation of the district, they are to publish a notice setting forth the number, size, and description of the schools, if any, available for the district, which they have taken into considera

tion, and the amount and description of the further public school accommodation, if any, which appears to them to be required (33 & 34 Vict., c. 75, sec. 9).

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If not less than ten ratepayers, or if ratepayers rated to the poor rate upon a rateable value of not less than onethird of the total rateable value of the district, or if the managers of any elementary school in the district, feel aggrieved by the decision, they may, within one month after the publication of the notice, apply to the Education Department for a public inquiry, and the Education Department are to direct an inquiry accordingly. It may, however, be required as a preliminary proceeding that the applicants shall give security for payment of the expenses of the inquiry in the event of the Education Department, after the conclusion of the inquiry, deeming it just that the expenses should be borne by them. The inquiry is to be held by some person appointed by the Education Department, at some convenient place in the neighbourhood of the school district, and at least seven days' notice is to be given of each sitting, except adjourned sittings. The person appointed to hold the inquiry is to receive and examine any evidence and information offered, and to inquire into any objections respecting the subject of the inquiry. He is to report the result of his inquiry to the Education Department. His report is to set forth the objections and representations made at the inquiry and his opinion thereon, and also his opinion on the subject generally, and the reasons for his opinion. The Education Department are to cause a copy of the report to be deposited with the town-clerk of the borough, or the churchwardens or overseers of the parishes to which the inquiry relates, and notice of the deposit of the report is to be published (33 & 34 Vict., c. 75, secs. 9, 73).

At any time after the expiration of one month from the publication of the notice of the decision of the Education Department as to the public school accommodation required for a school district, if no inquiry is directed, or after the receipt of the report of the result of an inquiry, the Education Department, if they deem the accommoda

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