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SYNOPSIS

The development and control of the public secondary' education program is one of the powers left to the states, according to the provisions of the United States Constitution.

If the enactment of beliefs into laws be accepted as a true indication of the ideals and aims which the citizens of the states possess, the frequency of the objectives stated in the laws of the various states is significant. Usually these objectives are embodied in state constitutions, subject to change only by direct expressions of the will of the people.

The physical welfare of the people of the state apparently is considered of first importance, as judged by the number of states mentioning "to promote health" as an objective. "Temperance", "good morals" and "honesty" are high in the rating. "To inculcate morality" is fourth in frequency of occurrence. "To develop patriotism" is fifth in popularity. "To inculcate honesty" is placed eighth as an objective for which public schools are maintained.

The objectives given most emphasis in the constitutions and statutes of the states may be combined, then, into a single statement. The principal objectives of public secondary education are to develop a healthy, temperate, patriotic, honest citizenry having high moral standards.

The public secondary school district is a quasi-municipal corporation with powers limited by statutes and constitutions.

In response to public demands, several kinds of secondary schools have been developed, and their support at public expense has been authorized by law. The principal ones are: junior high schools, standard high schools, senior high schools, consolidated or union high schools, vocational high schools, technical high schools, parttime continuation schools, evening continuation schools, and junior colleges.

The part-time continuation education program is the cause of much legislation. Many new restrictions upon

employers, as well as parents and children, are involved. Also many significant opportunities are thereby afforded to the youths of the United States for improved and varied educational experiences.

Little legislation has been enacted, yet, relative to the newest types of secondary schools, the junior high schools and the junior colleges. The data indicate, however, that they are becoming important parts of the public secondary education system. The other types of secondary schools have been developing over longer periods of time, and are now firmly established both by statutes and court decisions.

That the public secondary school system now includes a large variety of kinds of schools is a fact of fundamental importance. The development of different types of schools, in order to meet in better ways the educational needs of all the people, promises to become a guarantee of the future success of this great democracy.

COURSES OF INSTRUCTION PRESCRIBED

The constitutions of the various states voice the principal objectives for which the people have established the public secondary education system. The statutes of the states have provided for the maintenance at public expense of many different types of secondary schools in order to make possible the realization of those objectives. As a further attempt to insure the achievement of the results considered by the controlling element of the people, at least, as most essential, the statutes of the several states mention specifically certain subjects of instruction. Some subjects are authorized but not required to be taught in the public secondary schools. Some subjects are prescribed as required instruction. The teaching of certain subjects is forbidden by law in various states.

A law which promises to affect the teaching of science and religion has recently been passed in Tennessee. This law, which prohibits the teaching of the evolution theory in public secondary schools, as well as other public schools supported in any degree by public funds, reads as follows:

"Section 1: Be it enacted by the General Assembly of the
State of Tennessee, that it shall be unlawful for any teacher
in any of the Universities, Normals and all other public
schools of the State which are supported in whole or in part
by the public school funds, to teach any theory that denies
the story of the Divine creation of man as taught in the
Bible, and to teach instead that man has descended from
a lower order of animals.

"Section 2: Be it further enacted that any teacher found guilty of a violation of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $100.00, nor more than $500.00, for each offense." The act was approved by Governor Austin Peay on March 21, and is now a part of the law of the state.

The law has already been violated by a teacher of science in the high school in Dayton Tennessee. Mr.

1 "An Act prohibiting the teaching of the Evolution theory in all the Universities, Normals, and other public schools of Tennessee, which are supported in whole or in part by the public school funds of the state, and to provide penalties for the violation thereof." March 13, 1925-State of Tennessee.

John T. Scopes, the teacher, has been tried and convicted in a case which will test the constitutionality of such a prescription by the statutes of a state."

Eighty-seven prescriptions as to subjects that must be taught in public secondary schools are contained in the constitutions and statutes of the various states of the United States.

The study of the required instruction seems to indicate that uppermost in the minds of the lawmakers of our states is the need for improving health and raising standards of citizenship. The subject of instruction required by the greatest number of states is "Hygiene and Health", which is prescribed by thirty-four states. Next in order of frequency is "United States or American History" which thirty-two states require to be taught." Thirty-two states also require instruction in "Physiology"," The teaching of "Alcoholic Temperance" is ordered by twenty-nine states." Twenty-nine states also require the teaching of the "Effects of Narcotics". Twenty-five states prescribe that "Citizenship of Civics" be taught. 9

Four subjects are required by less than twenty-five and more than twenty states. These subjects are: "United States Constitution", "Moral Instruction", "Physical Education", and "Fire Prevention". 10 Three subjects are prescribed by more than fifteen and less than twenty states. These subjects are: "Agriculture", "Geography" (for 7th and 8th grades of junior high schools), and "Patriotism".11 "Arithmetic" (for junior high schools), "State Constitution", "State History", "Humane Treatment of Animals", and "Manual Training" are required by ten or more but less than fifteen states.12

2 John Thomas Scopes v The State (1925) 152 Tenn. 424
See key code VI and Summary Chart VI, post
See key number 1143, Summary Chart VI, post
See key number 1135, Summary Chart VI, post
See key number 1162, Summary Chart VI, post
'See key number 1090, Summary Chart VI, post
See key number 1156, Summary Chart VI, post
See key number 1103, Summary Chart VI, post

Each of

10 See key numbers 1107, 1154, 1160 and 1123, Summary Chart VI, post

11 See key numbers 1069, 1127 and 1159, Summary Chart VI, post

11 See key numbers 1098, 1106, 1134, 1143 and 1148, Summary Chart VI, post

the other subjects of the eighty-seven prescribed by law are required by less than ten states.

In most of the states, in addition to specifying several subjects that must be taught, the statutes or constitutions provide that the courses of study of public secondary schools must be either approved or prescribed by the State Department of Education. 13 Ten states give county school authorities power to prescribe or approve courses of study of public secondary schools. 14 Usually this prescription must be in harmony with the State Department of Education. In seventeen states the statutes authorize local school authorities to prescribe the courses of study, 15 but, as noted before, in all but two states the State Department of Education has superior authority.

In twenty states the laws direct the State Superintendent of Public Instruction to furnish syllabi concerning certain required subjects, such as "Fire Prevention", or concerning suitable instruction to be given in connection with the observance of the "special days" required as part of public secondary school programs. 16

Four subjects or types of instruction are specifically prohibited by state constitutions or statutes. Six states stipulate that no child shall be required to read the Bible or take part in religious services in school contrary to the wishes of parents or guardians.17 Four states prohibit "Vivisection" of animals or birds as part of instruction. 18 Connecticut prohibits instruction reflecting against citizens of the United States because of race or color." Twenty-two states prohibit instruction of a sectarian nature in the public secondary schools. 20

In addition to the required subjects of instruction already referred to, the laws of the various states require special instruction and exercises in order to emphasize the patriotic sentiments, ideals, or local interests for

13 See key number 1111, Summary Chart VI, post 14 See key number 1109, Summary Chart VI, post 15 See key number 1110, Summary Chart VI, post 1 See key number 1173, Summary Chart VI, post 17 See key number 1183, Summary Chart VI, post 18 See key number 1177, Summary Chart VI, post 19 See key number 1165, Summary Chart VI, post 10 See key number 1181, Summary Chart VI, post

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