A. THE LUSK LAWS OF NEW YORK REGARDING INSTRUCTION IN PATRIOTISM AND CITIZENSHIP, THE FLAG, TEXTBOOKS, AND QUALIFICATIONS OF TEACHERS[917]

4. Patriotism

Article 26-C

Instruction in Patriotism and Citizenship

Section 705. Courses of instruction in patriotism and citizenship. In order to promote a spirit of patriotic and civic service and obligation and to foster in the children of the state moral and intellectual qualities which are essential in preparing to meet the obligations of citizenship in peace or in war, the regents of the university of the state of New York shall prescribe courses of instruction in patriotism and citizenship, to be maintained and followed in all the schools of the state. The boards of education and trustees of the several cities and school districts of the state shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, over the age of eight years, shall attend upon such instruction.

Similar courses of instruction shall be prescribed and maintained in private schools in the state, and all pupils in such schools over eight years of age shall attend upon such courses. If such courses are not so established and maintained in a private school, attendance upon instruction in such school shall not be deemed substantially equivalent to instruction given to pupils of like age in the public schools of the city or district in which such pupils reside. (Added by L. 1918, ch. 241, in effect April 17, 1918.)

706. Rules prescribing courses; inspection and supervision; enforcement. The regents of the university of the state of New York shall determine the subjects to be included in such courses of instruction in patriotism and citizenship, and the period of instruction in each of the grades in such subjects. They shall adopt rules providing for attendance upon such instruction and for such other matters as are required for carrying into effect the objects and purposes of this article....

5. The Flag

Article 27

The flag

710. Purchase and display of flag. It shall be the duty of the school authorities of every public school in the several cities and school districts of the state to purchase a United States flag, flag staff and the necessary appliances therefor, and to display such flag upon or near the public school building during school hours, and at such other times as such school authorities may direct.

711. Rules and regulations. The said school authorities shall establish rules and regulations for the proper custody, care and display of the flag, and when the weather will not permit it to be otherwise displayed, it shall be placed conspicuously in the principal room in the school house.

712. Commissioner of Education shall prepare program. 1. It shall be the duty of the Commissioner of Education to prepare, for the use of the public schools of the state, a program providing for a salute to the flag and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools.

2. It shall also be his duty to make special provision for the observance in the public schools of Lincoln’s birthday, Washington’s birthday, Memorial day and Flag day, and such other legal holidays of like character as may be hereafter designated by law when the Legislature makes an appropriation therefor.

713. Military drill excluded. Nothing herein contained shall be construed to authorize military instruction or drill in the public schools during school hours.

6. Textbooks

Article 25, Section 674. Textbooks containing seditious or disloyal matter. No textbook in any subject used in the public schools in this state shall contain any matter or statements of any kind which are seditious in character, disloyal to the United States or favorable to the cause of any foreign country with which the United States is now at war. A commission is hereby created, consisting of the commissioner of education and of two persons to be designated by the regents of the university of the state of New York, whose duty it shall be on complaint to examine textbooks used in the public schools of the state, in the subjects of civics, economics, English, history, language and literature, for the purpose of determining whether such textbooks contain any matter or statements of any kind which are seditious in character, disloyal to the United States or favorable to the cause of any foreign country with which the United States is now at war. Any person may present a written complaint to such commission that a textbook in any of the aforesaid subjects for use in the public schools of this state or offered for sale for use in the public schools of this state contains matter or statements in violation of this section, specifying such matter or statements in detail. If the commission determine that the textbook against which complaint is made contains any such matter or statements, it shall issue a certificate disapproving the use of such textbook in the public schools of this state, together with a statement of the reasons for its disapproval, specifying the matter found unlawful. Such certificate of disapproval of a textbook, with a detailed statement of the reasons for its disapproval, shall be duly forwarded to the boards of education or other boards or authorities having jurisdiction of the public schools of the cities, towns or school districts of this state, and after the receipt of such certificate the use of a textbook so disapproved shall be discontinued in such city, town or school district.

Any contract hereafter made by any such board of education or other school authorities for the purchase of a textbook in any of such subjects, which has been so disapproved, shall be void. Any school officer or teacher who permits a textbook in any of such subjects, which has been so disapproved, to be used in the public schools of the state, shall be guilty of a misdemeanor. (Added by L. 1918, ch. 246, in effect April 17, 1918.)

7. Qualifications of Teachers

Article 20, Section 550. Qualifications of teachers. No person shall be employed or authorized to teach in the public schools of the state who is

1. Under the age of eighteen years.

2. Not in possession of a teacher’s certificate issued under the authority of this chapter or a diploma issued on the completion of a course in a state normal school of this state or in the state normal college.

3. Not a citizen. A person employed as a teacher on April 4, 1918, who was not a citizen, may continue in such employment provided he or she, within one year from such date, shall make application to become a citizen and within the time thereafter prescribed by law shall become a citizen. The provisions of this subdivision shall not apply to alien teachers who are citizens of countries that were allied with this country in the prosecution of the war with Germany and who were employed as teachers in this state on or prior to April 4, 1918, provided such teacher make application to become a citizen before the first day of September, 1920, and within the time thereafter prescribed by law shall become such citizen. (Amended by L. 1918, ch. 158, and L. 1919, ch. 120, in effect March 31, 1919.)

551. Minimum qualifications of teachers in primary and grammar schools. No person shall hereafter be employed or licensed to teach in the primary and grammar schools of any city or school district authorized by law to employ a superintendent of schools who has not had successful experience in teaching for at least three years, or in lieu thereof has not completed:

1. A course in one of the state normal schools of this state or in any approved college, prescribed by the commissioner of education. (Subdivision 1 amended by L. 1920, ch. 155, in effect April 5, 1920.)

2. An examination for and received a life state certificate issued in this state by a superintendent of public instruction or the commissioner of education.

3. A course of study in a high school or academy of not less than three years approved by the commissioner of education or from some institution of learning of equal or higher rank approved by the same authority, and who subsequently to the completion of such course has not graduated from a school for the professional training of teachers having a course of not less than two years approved by the commissioner of education or its equivalent.

568. Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances. A person employed as superintendent of schools, teacher or employee in the public schools, in any city or school district of the state, shall be removed from such position for the utterance of any treasonable or seditious word or words or the doing of any treasonable or seditious act or acts while holding such position. (Added by L. 1917, ch. 416, in effect May 8, 1917.)

FOOTNOTES:

[917] Revolutionary Radicalism Its History, Purpose, and Tactics with an Exposition and Discussion of the Steps Being Taken and Required to Curb It, Vol. III, pp. 2430-2434.