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lUi^iJIv^l'ii



iFiiiiiiiiiiiiiiiiiii II



lACT



k Complete Work on Education Law, with Full Text of
all the Statutes bearing on the subject

Now Ready. Price Yls. %d. ?tet ; postage bd. extra.

ORGAN'S

EDUCATION LAW,

Incorporating the Education Acts, 1870 — 1902.

BY






lllrllestry | >p^|) fftl^t



XV^^IIdVd




tiou; aftecting this subject.

Part 6. — Statement Respecting Teachers' Superannuation, with
the Act.

Part 7. — Chap. 1. Corporal Punishment.

Chap. 2. Tenure.

Chap. 3. Use of Schoolrooms.

Chap. 4. Acquiring of School Premises.

Chap. .^. Religious Instruction.

Chap. 6. Registration of Teachers, etc., etc.
Appendix. — Powers, Duties, Main Sources of Income, etc. of Local Education



Authorities.



C 1 )



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• • • »

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Head Office: 21, Mew Bridge Street, E.C.

The School Government Chronicle has been for over thirty years the accepted organ of
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tion Acts in those places where School Boards have not yet been formed. It is the officiallj'
recognised chronicle of the proceedings of all Education Autliorities, national and local.

The School Government Chronicle contains full reports of the proceedings of the London
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with public education, the official communications of the Board of Education, etc. It
affords, in fact, a Unique compendium of information, -which becomes every
year more and more essential to the full understanding and completely
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The School Government ChronicJe occupies tlie position of a '•Hansard to the great
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and Officers of County Council Technical Instruction Boards and Com-
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work of National Education.



THE SCHOOL GOVERNMENT HANDBOOKS.

No. 1.— The Education Act, 1902.

Full Text. Octavo, in wrapper. Single Copies 6(7. ; post fi'ee, 7(?. Quantities of 2-i and
upwards at Zs. per dozen, post fi-ee. Tiiird Edition.

No. 2.— The Education Acts, 1870 to 1901.

As amended by the Education Act, 1902. The Education Acts, as amended and affected
b}', and to be read with, the Education Act, 1902. Octavo, in wrapper. Single Copies.
l.s. ; post free, Is. 1(?. ; or in quantities of 24 and upwards at M. each, post fi-ee..» '•

No. 3.— Schemes for the Education Committees.

Under Section 17 of the Education Act, 1902, including the Circulars of the Board of
Education ; Draft Schemes as applying respectively to County Councils, County
Borough Councils, and Councils of 'Borouglis and Crban Districts ; also General
Memorandum on the Frauung of the Schemes. Price Is. each ; post free, l.s. \d. In
quantities of not less than twelve copies, 6s. per dozen.

These Handbooks have been prepared at the request of Clerks and
Officers of School Boards, Technical Education^Committees and Councils,
for speedy and inexpensive circulation to the Members of those bodies,
and for use in meetings, consultations, etc.



London: THE SCHOOL GOVERNMENT CHRONICLE OFFICE,
21, New Bridge Street, E.C.
Manchester : 46a, Market Street.



THE EDUCATION ACT, 1902,

AND

THE EDUCATION (LONDON) ACT, 1903.



First Edition Jii nuarn lOth, 1903.

Second Editimi March 3Uf, 1903.

Second Fcviscd Edition, including th

Education (Londcyn) Act, 1903 Octoher ^th, 1903.



THE

EDUCATION ACT, 1902,

WITH NOTES,

together

With a Summary of the Existing Law and of the Provisions of
THE Education Act, 1902 ; Hints to Education Committees and
Voluntary School Manageiis as to steps necessary before
THE Act comes into force ; Memoranda of the Board of
Education ; Draft Schemes for Education-
Committees, and for Grouping
"Voluntary Schools, etc.



And education (LONDON) ACT, 1903.



MONTAGUE BARLOW, LL.D., M.A.,

OF LINCOLN'S IXX, BARRISTEK-AT-LAW ;

Late Senior Whewell Scholar and Yorke Prize Essayist, Cambrith/e ; ami Ho'der of a

Studentship of the Four Inns of Court ; Offici d Principal to the

Archdeacon of London;



H. MACAN, M.A.,

Late Scholar of Queen's College, Orford ; Education Secretary to the Surrey County Council.



Second IReviset) BMtiotu



LONDON



BUTTERWORTH & CO,

12, Bell Yard, Temple Bar, W.C.



SHAW k SONS,

7 «fe 8, Fetter Lane, E.C.



Xaw iprinters ant) ipublisbers.
1903.



London :

BUTTERWORTH & Uo. , CRANE COURT, FlEET MKF.KT, K.(



J9oy.



TO

HIS ]VLUESTY'S ATTORXEY-GEXERAL,

IN

REMEMBRA>'CE OF SERVICES

TO EDUCATION

AND

THE EDUCATION ACT OF 19o2

THIS EDITION OF THE ACT IS BY PERMISSION RESPECTFULLY

DEDICATED

BY

THE AUTHORS.



PREFACE

TO THE SECOND REVISED EDITION.



riIHE passing of the Education (London)
Act, 1903 (c. 24), has necessitated some
revision : the London Act with notes is now
added at the end of the volume, and also
Mr. Long's short Education (Provision of
Working Balances) Act, 1903 (c. 10); the
pages containing these tw^o recent Acts being
edged with red.

The London Act comes into operation on
May 1st, 1904, or at any later date within
twelve months appointed by the Board : the
London Act applies generally the provisions
of the principal Act of 1902 to London,
the London County Council being the Edu-
cation Authority. The Board have issued a
memorandum (E. A. 4 L) directing that the
memoranda and forms as to the appointment
of Foundation Managers under the principal

E.A. a 3



vi Preface to the Second Revised Edition.

Act (App. A. below) are to apply, with the
necessary modifications, to London. There
are, however, considerable differences : for
non-provided or voluntary schools the rules
and machinery are generally the same as for
non-provided schools in a county under the
1902 Act, the Metropolitan Borough Councils
(and the Common Council in the City) being
the minor Local Authorities ; but special
arrangements are made giving the Borough
Councils in London a predominant voice in
selecting the Managers of all ■provided schools.
There are also special provisions as to the
selection of sites, and as to Boundary Schools
in the Metropolis : there is no limitation of
the Higher Education rate to 2d. as in other
counties, and there is a special provision
as to the application of the income of
endowments in London.

The Act of 1902 has been generally
accepted with readiness throughout the
country : the total number of Education



Preface to the Second Revised Edition, vii

Authorities under the Act was 333 : by the
31st July, 1903, 266 of these had got the
scheme for their Education Committees in
working order, and nineteen others were on
the point of having theirs approved [Keport
of the Board of Education for the year 1902-3.
Cd. 1763, p. 7] . An account has been in-
serted in the pages devoted to the Tran-
sition Period of how^ the authorities are
proceeding- to put the Act in operation,
and of some of the difficulties encountered
(pp. 81 to 86). Thanks are due to the Press
for continued friendly criticism ; and to the
officials of the Board of Education, and
especially to Mr. H. J. Simmonds, for much
courteous help.

C. A. MONTAGUE BAELOW,

3, Stone Buildings,

Lincoln's Inn, W.C.

H. MAC AN,

SuKREV County Hall,

Kingston-on-Thames.
October 5th, 1903.



PEEFACE



rpHE primary object of the present volume
is to give an explanation of the pro-
visions of the Education Act, 1902, especially
in their legal and financial aspects ; and to
indicate the steps which should at once
be adopted by the various existing and
future authorities, the Education Committees
and Voluntary Managers, during the interim
period up to March 26th next (a), when the
Act is to come into force (Section II.). Most
of the existing legal machinery affecting
Elementary and Secondary Education, how-
ever, still continues in force ; Section I. has,
therefore, been devoted to a short summary
of so much of the existing law as remains
in force, and is necessary to explain the new
Act.



(a) The Board of Education lias, however, power to postpone
this date. See s. 27 of the new Act.



X Preface.

While the Authors accept joint responsi-
bihty for the book, Mr. Barlow is mainly
answerable for the legal portion and the
Notes to the Act; Mr. Macan for the
pages dealing with Finance, and the Sugges-
tions for Local Authorities during the
Transition Period.

For convenience and to save space, the
short titles of Acts of Parliament have been
used throughout ; the form of short title
authorised by Parliament is, however, incon-
venient when referring to the Acts themselves,
as, though the year is given, the chapter is
not ; the chapter has therefore been added
in each case — thus. Education Act, 1902
(c. 42).

C. A. MONTAGUE BAELOW,

3, Stone Buildings,

Lincoln's Inn, W.C.

H. MACAN,

Surrey County Hall,

Kingston-on-Thames.

January 10th, 1903.



TABLE OF CONTENTS,



INTEODUCTION.



PAGE
1



SECTION I.
Law prior to 1902.



Elementary Education
Secondary Education . . .
The Finance of Education



4
27
34



SECTION II.

Summary of the Education Act, 1902, and Suggestions
for the Transition Period.



I.— The Authorities 40

II.— The Grades of Education 48

III. — Religious Instruction ... ... ... ... 50

IV. — Appointment of Managers ... ... ... ... 52

V. — Provision of New Schools ... ... ... ... 59

VI.— Endowments 60

VIL — Education Committees 61

VIII. — General Provisions 64

IX. — Temporary Provisions as to Transfer of Property 67

X. —Modification of Acts and Repeals 68

XL — The Financial and Rating Provisions 69



The Transition Period



77



Xll



Table of Contents.





SECTION III.


PAGE


Education Act, 1902.




Local Education Authority


96


Higher Ed ucatioii


...


98


Elementary Education


...


102


General


...


121


First Schedule





141


Second Schedule


...


144


Third Schedule


...


157


Fourth Schedule





162



Appendix A. Memoranda and Circular of Board of
Education

„ B. Draft Scheme for a County Education

Committee

„ C. Scheme for a Group of Managers

„ D. List of Local Education Authorities ...

„ E. List of Approved Voluntary Associa-

tions

„ F. Final Order of the Board of Education

appointing Foundation Managers ...



165—218

219—223
224—225
226—234

235—236

237—240



The Education (London) Act, 1903, with Notes... 241—249
The Education (Provision of Working Balances)

Act, 1903 250



INDEX.



THE EDUCATION ACT, 1902.

(2 Edw. 7, c. 42.)



INTBODUCTION.

The Education Act of 1902 marks a new and welcome
departure in the history of education in England. For
the first time an attempt is made to secure for the
children of this country of both sexes something like
a comprehensive scheme of education of all kinds,
elementary, secondary, technical and commercial, sub-
ject, though in varying degrees, to uniform central and
local authorities.

It had been obvious for some years that the chaotic
condition of education in England could not be allowed
to continue. In the first place, there was no central
educational authority, the field being covered by more
or less competing bodies — the Education Office at
Whitehall (a committee of the Privy Council), dealing
mainly with elementary education, and the Science
and Art Department at South Kensington, dealing
mainly with secondary education, on its scientific side ;
while the endowed schools looked to the Charity
Commissioners as the only central authority having
legitimate control over them. In addition, three evils
crying aloud for remedy were, the inefficiency and
want of proper stimulus and control for the smaller



2 Introduction.

school boards in the country ; the financial difficulties
of the voluntary schools ; and, with regard to secondary
schools, the complete absence of any authority, central
or local, to inspect, co-ordinate, and control them, or to
give them help from public funds.

In 1896 the Government attempted a comprehensive
solution of the problems involved in both branches of
education, and failed. The present Act accomplishes,
though on somewhat different lines, what was then
attempted without success. The way had, however,
been already prepared by the creation of a —

Board of Education. — By the Board of Education
Act, 1899 (c. 33), the Education Department, and the
Science and Art Department at South Kensington
were abolished, and as from April 1st, 1900, a proper
supreme education authority is set up in their place ;
the Board consists of a President and of the Lord
President of the Privy Council, unless they are the
same person (a), all the five Principal Secretaries of
State, the First Commissioner of the Treasury, and the
C'hancellor of the Exchequer.

Powers of the Charity Commissioners or of the
Board of Agriculture relating to education may be
transferred to the Board of Education by Order in
Council (s. 2). By a succession of Orders most of the
powers of the Charity Commissioners of a purely



(a) The Marquis of Londonderry, tlie Minister of Education,
is President : in addition, the existing members of the Board
are the Duke of Devonshire, Lord Lansdowue, Lord George
Hamilton, Mr. Chamberlain, the Hon. St. John Brodrick,
Mr. Akers-Douglas, Mr. Arthur Balfour, and Mr. Ritchie. The
Board is represented in the House of Commons by a Parlia-
mentary Secretary, Sir W. Anson.



Introduction. 3

educational nature have now been absorbed by the
Board (5). The Board are also given voluntary power
to inspect or provide for the inspection of secondary
schools, on the application of the school (s. 3) .

Power is given to the Crown in Council to appoint a
consultative committee, in order to frame a register (c)
of teachers, and advise the Board (s. 4) (<^).

The new Act of 1902 does not include London save
incidentally ; the subject of education in London is
not, therefore, referred to in this volume.



(b) See below, p. 29.

(c) Eegulations for a register of teachers have been published
by the Board. There is to be a Teachers' Registration Council,
consisting of twelve members, six to be appointed by the Board and
six by bodies of teachers, such as the Head Masters' Conference.

(d) A consultative committee of eighteen, consisting of Sir
Richard Jebb, Mr. Henry Hobhouse, MJP., Mr. Ernest Gray, M.P.,
the Hon. and Rev. Edward Lyttelton, and other well-known
educationists, was appointed in August, 1900 (Statutory Rules
and Orders, 1900, p. 171).



* 2



( ^ )



SECTION I.
LAW PRIOR TO 1902.

Elementary Education (a).

School districts.— The Act of 1870 (c. 75) divided
all England into districts, each district to be responsible
for elementary education within its own borders (s. 4
and sched. 1, both repealed).

The three chief kinds of district were :

(1) The metropolis ;

(2) Boroughs ;

(3) Parishes not included in 1 and 2 (6) ; a " parish "
being a place for which for the time being a separate
poor rate was or could be made (s. 3).

In every district a sufficient amount of accommoda-
tion must be provided in —

(a) " public elementary schools, available (c) for all

children resident in such district,

(b) " for whose elementary education

(c) " efficient and suitable provision is not otherwise

made" (s. 5, now partly repealed).

(a) See, for a full account of this subject. Organ's Education
Law : Butterworth & Co., 1903.

(b) Where a borough divided a parish, the part outside the
borough boundary was to be a district, as also the detached part
of a parish (Elementary Education Acts, 1870 (c. 75), s. 77 ;
1876 (c. 79), s. 49 ; 1873 (c. 86), s. 12).

(c) " Available " means within reach, but not necessarily within
the area.



Elementary Education. 5

This section 5 is the basis of our elementary educa-
tion system ; it is repealed by the 1902 Act so far as
relates to the school districts which have ceased to
exist ; but it is retained for the purpose of defining
what '"'public school accommodation " is ; it is therefore
necessary to examine closely the terms used.

Elementary school. — An elementary school is one
at which (i) " elementary education is the principal part
of the education there given " (<:^) ; and (ii) does not
include any school " at which the ordinary payments
in respect of the instruction for each scholar exceed
ninepence per week" (Elementary Education Act,
1870 (c. 75), s. 3, unrepealed). The restriction as to
fees is not now important ; but it is important to
define —

Elementary education; for a line is still sharply
drawn by the new Act between elementary and
secondary education. No definition of the words is
given in the new Act, while definitions in the Ele-
mentary Education Acts, 1870 to 1890, are expressly
retained unless the context otherwise requires (Educa-
tion Act, 1902 (c. 42), s. 24 (1) ). None of the earlier
Acts define what elementary education is. Parliament
in 1870 assumed it meant little more than the " three
E-'s" {e). In any case, power was given by the Act of
1870 to the Education Department to frame minutes
(Elementary Education Act, 1870 (c. 75), s. 97).

{d) See R. v. Cockerton, [1901] 1 K. B., at p. 339.

(e) The code for several years provided for nothing more
than the " three R's." See K. v. Cockerton., below, judgment of
Wills, J. The Elementary Education Act, 1876 (c. 79), s. 4
(unrepealed), makes it "the duty of the parent of every child to
cause such child to receive efficient elementary instruction in
reading, writing, and arithmetic." But this is only a minimum
limit. See below, p. 102.



6 Law prior to 1902.

And these, embodied in codes from time to time in
force, have very much varied and extended the list of
elementary subjects (/).

The question came up before a divisional court
(Wills and Kennedy, J J.), and the Court of Appeal
(A. L. Smith, M.R., Collins and Romer, L.J J.) in
the recent case of R. v. Cocherton (c/). In 1898 Mr.
Cockerton, the Local Government Board auditor, sur-
charged the expenses incurred in paying a drawing
master to teach drawing classes in board schools
constituted as day art classes under the Science and
Art Department at South Kensington ; and the ex-
penses of a science master's salary for teaching science
to evening classes held in board schools constituted as
science classes, also under South Kensington. The
distinction was clearly drawn in the case between South
Kensington and AVhitehall. Prior to April 1st, 1900,
when the Board of Education Act, 1899 (c. 33), came into
force, the Education Department, which was controlled
by the Lords of the Committee of the Privy Council on
Education, comprised two establishments or depart-
ments : (i) the Education Department at Whitehall,
administering the annual parliamentary grant for
public education ; (ii) the Science and Art Department
at South Kensington, administering the Parliamentary



(/■) The Royal Commission in 1888 gave the following list :
Reading, writing, arithmetic ; needlework for girls ; lineal
drawing for boys ; singing ; English, so as to give the children
an adequate knowledge of their mother tongue ; English history
in reading books ; geography, especially of the Empire ; lessons
on common objects, leading up to elementary science. See Final
Report (1888), p. 146.

(g) [1901] 1 K. B., pp. 322, 726. For a further case of dis-
allowance bv Mr. Cockerton of costs of pupil teachers' centres,
see Times, April 23rd, 1902.



ELEMf:NTARY EDUCATION. 7

grant for instruction in science and art. Though both
under the control of the president and vice-president
of the Committee of the Council on- Education, they
were quite distinct even before 1870. South Ken-
sington was incorporated by Royal Charter in 1864 ;
their administrative stajffs were entirely different and
distinct. South Kensington issued a directory with a
very thorough scheme of education up to university
standard in the subjects contained in it ; Whitehall
issued a code containing a wider list of subjects, but all
treated in much more elementary way than in the
Directory.

Both courts were unanimous that the school board
could not vote money out of the rates for teaching-
science and art in accordance with the South Kensington
Directory ; or for teaching adults in any case.

The following were the chief points arising in the
judgments :

(i) Parliament purposely did not define ^'elementary
education''' rigidly in 1870 ; the " three R's" were the
minimum but not the maximum intended — that must
vary from time to time.

"The code at that time (1870—1874) provided for
no grants for any instruction beyond what have been
called the three E,'s. I cannot believe for a moment
that it was ever intended that in board schools nothing
loeyond the very low standard to which alone ele-
mentary education, as then understood, had reached
should be aimed at by the board schools. . . .
Elementary education is obviously a term which may
shift with the growth of general instruction and
attainment" (Wills, J., at pp. 339, 340).



8 Law prior to 1902.

(ii) The limits imposed were that elementary education
must be for —

(a) Children^ i.e., probably up to sixteen or seven-

teen (p. 341) (/i) ;

(b) It must be such as was prescribed from time to

time by the Whitehall code (p. 354), i.e.,
minutes made in pursuance of s. 97 of the
Act of 1870.

"I am not asked in this case," said A. L. Smith, M.R.,
" to say whether the code embraces more than elementari/
education, but 1 may say it appears to me to embrace
elementary education up to its high water mark "
(p. 729).

(iii) Provided the principal part of the instruction is
elementary, there is nothing to prevent education other
than elementary being given in a public elementary
school (p. 339) (i).

A school, therefore, is an " elementary school " if the
principal part of the instruction given is elementary
education of this type. But by s. 5 of the Act of 1870,
parents were, and are still, entitled to demand more
than this, not only that their children shall have access
to an elementary school as so defined, but to a Public
Elementary School, i.e., an elementary school as above
defined, and something more ; to bring an elementary
school within the class of Public Elementary Schools
it must comply with the following further conditions
(s. 7 of Elementary Education Act, 1870 (c. 75),

{h) The limit under the new Act is fixed at scholars who at
the close of the school year will not be more than sixteen years
of age (s. 22(2)).

(i) This does not appear to he altered by the Education Act,
1902 (c. 42), s. 22 (2), at any rate for non-provided schools. See,
however, notes to s. 5, below, p. 102.



Elementary Education. 9

unrepealed), intended to protect children of all
denominations in denominational voluntary schools :

(i) By the conscience clause, admission to the
school must not be conditional on a child's
attendance, or non-attendance at any " Sunday
school or any place of religious worship "
outside the school, or at any "religious
observance or instruction in religious sub-
jects " inside the school or elsewhere, from
w^hich he may be withdrawn by his parent ;
or if withdrawn by his parent from such
religious instruction, the child must not be
compelled to come to school on any day
exclusively set apart (as in the case of
Saturday by the Jews) for religious obser-
vance by the religious body to which the
parent belongs.

(ii) Religious instruction, if given at all, must be
given at the beginning or end of school hours,
and a time table showing the times when it is
given must be hung up in every school.


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