xt712j68672x https://exploreuk.uky.edu/dips/xt712j68672x/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1934-06 volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws", vol. II, no. 4, June 1934 text Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws", vol. II, no. 4, June 1934 1934 1934-06 2021 true xt712j68672x section xt712j68672x 1n...” » .9......u4..-...- .vIOaJnI-efvufiajrfn4qira 5.31;? 55 , ‘1‘ when: n
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KENTUCKY
COMMON SCHOOL
' LAWS

I934

With Abstracts of the Decisions of the Court of Ap—
peals to and including Vol. 253, p. 673

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Pué/ixlztd by order of the Stat;
Board of Edutdtiofl

STATE BOARD OF EDUCATION

JAMES H. RICHMOND, Superintendent of Public Instruction
SARA MAI—IAN, Secretary of State
BAILEY P. WOOTTON, Attorney General

LIBRARY
UNIVERSITY OF KINTUCK‘Y

 

  

 

  

FOREWORD

This volume of the common school laws has been prepared
in compliance with Chapter 65, Article IV, subsection 18, of
the Acts of the General Assembly of 1934, which imposes upon
the Superintendent of Public Instruction the authority and
duty to prepare for publication biennially, by the State Board
of Education, the complete school laws of the Commonwealth of
Kentucky, including abstracts of decisions of the appellate
court, and opinions and interpretations of the Attorney General
and the Superintendent of Public Instruction.

This compilation includes all sections of the statutes relat-
ing to the common schools of the Commonwealth, including the
Acts of the General Assembly of 1934. The decisions of the
Court of Appeals have been arranged immediately following
the section to which they are most closely related. While some
of the decisions may not apply to the specific wording of the
section, they are so applicable in whole or in part as to be
valuable information in the proper interpretation of the specific
section. This volume has been indexed with reference to sub-
ject matter or content and sections of the Kentucky Statutes.

This compilation is property of the Commonwealth of Ken-
tucky and is published as a handbook for all interested in school
matters.

JAMES H. RICHMOND,
Superintendent of Public Instruction
Frankfort, Kentucky

June 8, 1934

 

  

 

 CONTENTS

 

 

 

 

 

 

 

 

 

Chapter Page
I Constitutional Provisions 7
II General Provisions 14

III School Fund 25
IV State Board of Education 30
V Superintendent of Public Instruction ............................................ 34
VI School Districts 44

VII Compulsory Attendance 103

VIII Certification of School Employees ................................................ 1‘19
IX Teachers 127
X Teacher Retirement 130
XI Vocational Education and Vocational Rehabilitation ................ 14'5

XII Higher Education ........ 143

X111 State Textbook Commission .......................................................... 180

XIV Free Textbooks ........ 188

XV

 

Building Construction Financing for State Educational In-
stitutions ......... 1‘93

 

  

 

  

Chapter I.
CONSTITUTIONAL PROVISIONS.

Sec. 183, Ky. Const. Common Schools to be Provided for.
——’l‘he General Assembly shall, by appropriate legislation, pro-
vide for an efficient system of common schools throughout the
state. (See Sec. 4363-1, Ky. Stat.)

Sec. 184, Ky. Const. Fund Set Apart for Common
Schools; Taxation for A. & M. College—The bond of the Com-
monwealth issued in favor of the board of education for the
sum of one million three hundred and twenty-seven thousand
dollars ($1,327,000.00) shall constitute one bond of the Com-
monwealth in favor of the board of education, and this bond
and the seventy-three thousand five hundred dollars ($73,-
500.00) of the stock of the Bank of Kentucky, held by the board
of education, and its proceeds shall be held inviolate for the
purpose of sustaining the system of common schools. The in-
terest and dividends of said fund, together with any sum which
may be produced by taxation or otherwise for purposes of com-
mon school education, shall be appropriated to the common
schools and to no other purpose. No sum shall be raised or col-
lected for education other than in common schools until the
question of taxation is submitted to the legal voters, and the
majority of the votes cast at said election shall be in favor of
such taxation; provided, the tax now imposed for educational
purposes, and for the endowment and maintenance of the Agri-
cultural and Mechanical College, shall remain until changed
by law. (See. 4370-1, Ky. Stat.)

DECISIQNS.—Poll taxes may be levied for school purposes in addition
iglzthose lev1ed for general county purposes. McIntire v. Powell, 137 Ky.

Although the title to escheated property is vested in the Common-

wealth, Sec. 2978a-27, of the Ky. Stats., provides that the school board
may take possession for benefit of common schools. Louisville Banking
CO. v..Com.,' 142 Ky. 690; Com. v. Thomas, 14 Ky. 789. 131 S. W. 797.
. Thls section leaves to legislative discretion the best method of provid-
mg. for an effrc1ent system of common schools. Prowse v. Board! of Edu-
cation for Christian County, 134 Ky. 365, 120 S. W. 307. Elliott v. Garner,
14 Ky. 157, 130 s. W. 997.

Trustees have no power to levy a tax for school purposes exceeding
m'one year the income provided for such year Without the assent of two-
thIrds of the voters. Brown v. Board of Education, 22 R. 483, 108 Ky. 783;
Board 0t Education v. Lee, 153 Ky. 661, 156 S. W. 375.
th' In City of Newport, ex parte, 141 Ky. 329, 132 S. V. 580. it was held
Idt the Indebtedness of the board ofl education in a city of the second
Sass lS nota portion of the indebtedness of the city, since the bonded in-

ebtedness Is secured by a lien upon the school property.

 

  

 

KENTUCKY SCHOOL LAWS 1934

See. 185, Ky. Const. Common School Funds; Investment;
Interest on.—The General Assembly shall make provision, by
law, for the payment of the interest of said school fund, and
may provide for the sale of the stock in the Bank of Kentucky;
and in case of a sale of all or any part of said stock the proceeds
of sale shall be invested by the sinking fund commissioners in
other good interest-bearing stocks or bonds which shall be sub-
ject to sale and reinvestment, from time to time, in like manner,
and with the same restrictions, as provided with reference to
the sale of the said stock in the Bank of Kentucky. (See Sec.
4370-1, Ky. Stat.)

Sec. 186, Ky. Const. Distribution of Fund; Surplus Due
Counties—Each county in the Commonwealth shall be entitled
to its proportion of the school fund on its census of pupil chil-
dren for each school year; and if the pro rata share of any
school district be not called for after the second school year,
it shall be covered into the treasury and be placed to the credit
of the school fund for general apportionment the following
school year. The surplus now due the several counties shall
remain a perpetual obligation against the Commonwealth for
the benefit of said respective counties, for which the Common-
wealth shall execute its bond, bearing interest at the rate of six
per centum (6%) per annum, paying annually to the counties
respectively entitled to the same, and in the proportion to which
they are entitled, to be used exclusively in aid of common
schools. (See Sec. 4370-4, Ky. Stat.)

DECISIONS—Legislature may impose a. tax in aid of educational in-
stitutions not a part of the common school system. A. & M. College is
not a. part of the common school system. A. & M. College v. Hager, 121
Ky. 87 S. W. 1125; Higgins v. Prater, 91 Ky. 6, 14 S. W. 910,

Appropriations of the common school fund can only be made for the
benefit of conunon schoom connpued and supervmed by connnon schow
officers. Halbert v. Sparks, 9 Bush 259; Riggs v. Stephens, 92 Ky. 393.

Appropriation for the purchase of “Collins" History of Kentucky” held
unconstitutional since such appropriation is not in aid of common schools.
Collins v. Henderson, 11 Bush 74.

An appropriation of the fund for teaching the higher branches in com-
mon schools is valid. Board of Trustees v. Thomas, 12 R. 832, 15 S. W.
67; Newman v. Thompson, 9 R. 199, 4 S. W. 341.

The General Assembly cannot abdicate its control over the school fund
and abandon it to the county courts. Auditor v. Holland, 14 Bush 147.

The legislature has constitutional authority to charge the common
school fund with the payment of ”The expenses of the State Department
of Education of whatsoever character or kind” in aid of common schools.
Superintendent of Public Instruction v. Auditor, 97 Ky. 180, 30 S. W. 404.

An appropriation may be made for the State University or the State
Normal School Without a submission to popular vote. James v. State
University; 131 Ky. 156, .114 S. W. 767; James v. Board of Regents for
Normal School, 131 Ky. 156.

    

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CONSTITUTIONAL PROVISIONS 9

Legislature may provide a tax for common school purposes without sub-
mitting the question to legal voters. Larue v. Redman, 168 Ky. 487, 182
S. W. 622.

Sec. 187, Ky. Const. Each Race to Share Fund Equally;
Separate Schools'.—In distributing the school fund no distinc-
tion shall be made on account of race or color, and separate
schools for white and colored children shall be maintained.

This section does not forbid a. tax upon the property of white Citizens

for the support of colored schools. City of Pineville v. Moore, 190 Ky. 357.
227 S. W. 477.

Sec. 188, Ky. Const. School Fund; Money Received from
United States, Part of.——So much of any moneys as may be
received by the Commonwealth from the United States, under
the recent act of congress refunding the direct tax, shall become
a part of the school fund, and be held as provided in Section
184; but the General Assembly may authorize the use, by the
Commonwealth, of the moneys so received, or any part thereof,
in which even a bond shall be executed to the board of educa-
tion for the amount so used, which bond shall be held on the
same terms and conditions, and subject to the provisions of

Sec. 1841, concerning the bond therein referred to. (Sec. 4370-1,
Ky. Stat.)

Sec. 189, Ky. Const. Appropriation for Sectarian Pur-
poses Forbidden.—No portion of any fund or tax now existing,
or that may hereafter be raised or levied for educational pur-
poses, shall be appropriated to, or used by, or in aid of, any
church, sectarian or denominational school. (See further Con-
stitution, Sec. 5.)

DECISIONS—The Constitution not only forbids the appropriation for
any purpose of the common school fund to sectarian institutions, but it

contemplates that the separation between the_common school and the sec-

tarian school shall be open, notorious and complete. Williams V' Board Of
Trustees, etc., 173 Ky. 708.

Under this section a public school cannot enter into any contract, agree-
ment or arrangement whereby such school may be brought directly or

indirectly under the influence, control or supervision of an sectarian in<
wtustagn or school. Williams, et al. v. Board, et al., 173 y. 708, 191 S.

Sec. 5, Ky. Gonst. Freedom of Conscience; Church and
State; Education—No preference shall ever be given by law
to any religious sect, society or denomination; nor to any par-
ticular creed, mode of worship or system of ecclesiastical polity;
1101' shall any person be compelled to attend any place of wor-

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10 KENTUCKY SCHOOL LAWS 1934

‘ 2 ship, to contribute to the erection or maintenance of any such

‘ place, or to the salary or support of any minister of religion;
nor shall any man be compelled to send his child to any school
to which he may be conscientiously opposed; and the civil
rights, privileges or capacities of no person shall be taken away,

_ or in any wise dimininished or enlarged, on account of his belief
or disbelief of any religious tenet, dogma or teaching. No human
authority shall, in any case Whatever, control or interfere with
the rights of conscience. '

Sec. 157, Ky. Const. Tax Rate; Indebtedness; Submission
of Question to Voters—The tax rate of cities, towns, counties,
taxing districts and other municipalities, for other than school ,
purposes, shall not, at any time, exceed the following rates
upon the value of the taxable property therein, viz.: For all 1
towns or cities having a population of fifteen thousand or more, ‘ 1
one dollar and fifty cents ($1.50) on the hundred dollars ‘ 1
($100.00), for all towns or cities having less than fifteen thou- 1
sand and not less than ten thousand, one dollar on the hundred 1
dollars ($100.00); for all towns or cities having less than ten
thousand, seventy-five cents (75c) on the one hundred dollars ,
($100.00) and for counties and taxing districts, fifty cents 1
1§ (500) on the hundred dollars; unless it should be necessary to
enable such city, town, county, or taxing district to pay the
interest on, and provide a sinking fund for the extinction of
indebtedness contracted before the adoption of this Constitution.
No county, city, town, taxing district, or other municipality
shall be authorized or permitted to become indebted in any man-
ner or for any purpose, to an amount exceeding in any year,
the income and revenue provided for such year, without the
assent of two-thirds of the voters thereof, voting at an election
I, to be held for that purpose; and any indebtedness contracted
1; in violation of this section shall be void. Nor shall such con-
" tract be enforceable by the person with whom made; nor shall
such municipality ever be authorized to assume the same.

101 3139I§§2§§1Et$leltidZiiiffrof‘rltf’li1¥§§’o%al‘1l‘§tv3’€§§§dt11t§feva'i’lfi‘.’
L‘éivtie?’lz%‘e§3°“ssi‘i I1’32 “se‘dwff’rz7i?ab1‘1’3‘833‘i1c1101'1’er13‘3wl11 011%“ 1171111115;
s. W. 1; City v Baker, 18 R. 324, 37 s. w. 481.

This section is self operative and did not require 1e ilato
it effect O’Mahoney v. Bullock, 97 Ky. 774 31 S. W. 878g.s 1 n to give

 

 M..- —-)vvvvvwv.—-¢:‘ <

CONSTITUTIONAL PROVISIONS 11

This section applies to common school districts. Perry v. Brown, 21
R. 344, 51 S. W. 457.

School trustees may contract for supplies when there has been no tax
levied by them for that year if the indebtedness for such supplies does
not exceed the amount collectible by taxation. Trustees of Common School
Districts v. Kane & Co., 27 R. 983, 87 S. W. 321.

If a municipality creates a debt greater than the income and revenue
for such year without the assent of the voters, the same is in violation
of this section, although the amount is divided in equal installments, pay-
able in a series of years. Flanders v. Board of Trustees of Little Rock
Graded School, 170 Ky. 627, 186 S. W. 506.

The outstanding indebtedness of a city is not to be considered in de-
termining indebtedness that may be incurred by a school district of which
the city forms a part. Fall v. Read, 194 Ky. 135, 238 S. W. 177.

Rules are laid down by the court for ascertaining the amounts of the
revenue of a county for a given year. Durrett Construction Co. v. Cald-
well, 196 Ky. 158, 244 S. W. 409.

A certain contract in which a. board of education under the guise of
Reynolds, attempted to secure the erection of a school building, for an
amount in excess of the revenues for the current year, was invalid. Bill-
ings v. Bankers Bond Co., 199 Ky. 490, 251 S. W. 643.

Hogan v. Lee Fiscal Court, et al., 235 Ky. 100. Amount of indebted-
ness counties may incur depends on how much revenue would have been
raised by imposing full constitutional tax rate and not actual revenue.
County may fund legally created indebtedness by issuing bonds. Dissenting
opinion given by Chief Justice Thomas and Judges Bees and Dietzman.

City of Frankfort v. Fuss, et al., 235 Ky. 143. This case very similar
to Hogan v. Lee Fiscal Court, et al., 235 Ky. 100, and was decided on
the same day, June 20, 1930. It contains the dissenting opinion in detail
by Chief Justice Thomas and Judges Bees and Dietzman.

. The county board of education being purely an administrative body and
without tax levying authorit , can expend only such revenue as comes to
it through the channels of law. It has no authority to expend any! sum
over and above the amount that it obtains by submission of its budget to
the fiscal court.

Sec. 91, Ky. Const. Treasurer; Auditor; Register; Gom-
missioner of Agriculture; Secretary of State; Attorney Gen-
eral; Superintendent of Public Instruction—A treasurer,
auditor of public accounts, register of the land office, commis-
sioner of agriculture, labor and statistics, secretary of state,
attorney-general and superintendent of public instruction, shall
be elected by the qualified voters of the state at the same time
the Governor is elected, for the term of four years, each of Whom
shall be at least thirty years of age at the time of his election,
and shall have been a. resident citizen of the state at least two
years next before his election. The duties of all these officers
shall be such as may be prescribed by law, and the secretary of
state shall keep a fair register of and attest all the official acts
Of the Governor, and shall, when required, lay the same and all
papers, minutes and vouchers relative thereto before either house
of the General Assembly. The officers named in this section
shall enter upon the discharge of their duties the first Monday
in January after their election, and shall hold their offices until
their sucessors are elected and qualified.

 

     

    

 

KENTUCKY SCHOOL LAWS 1934

See. 93, Ky. Const. Officers Ineligible for Succeeding
Term; Duties; Inferior Officers—The treasurer, auditor of
public accounts, secretary of state, commissioner of agriculture,
labor and statistics, attorney-general, superintendent of public
instruction, and register of the land office shall be ineligible to
re-election for the succeeding four years after the expiration of
the term for which they shall have been elected. The duties and
responsibilities of these officers shall be prescribed by law, and
all fees collected by any of said officers shall be covered into the
treasury. Inferior state officers, not specifically provided for
in this constitution, may be appointed or elected, in such a
manner as may be prescribed by law, for a term not exceeding
four years, and until their successors are appointed or elected
and qualified.

Sec. 152, Ky. Const. Vacancies in Office; How Filled.—
Except as otherwise provided in this constitution, vacancies
in all elective offices shall be filled by election or appointment,
as follows: If the unexpired term will end at the next succeed-
ing annual election at which either city, town, county, district
or state officers are to be elected, the office shall be filled by
appointment for the remainder of the term. If the unexpired
term will not end at the next succeeding annual election at
which either city, town, county, district or state officers are
to be elected, and if three months intervene before said succeed-
ing annual election at which either city, town, county, district
or state officers are to be elected, the office shall be filled by
appointment until said election, and then said vacancy shall be
filled by election for the remainder of the term. If three months
do not intervene between the happenings of said vacancy and
the next succeeding election at which city, town, county, dis-
trict or state officers are to be elected, the office shall be filled
. by appointment until the second succeeding annual election at
which city, town, county, district or state officers are to be
elected; and then, if any part of the term remains unexpired,
the office shall be filled by election until the regular time for
the election of officers to fill said offices. Vacancies in all offices
for the state at large, or for districts larger than a county, shall
be filled by appointment. of the Governor; all other appoint-

 .. flaw“- rgflnm.

CONSTITUTIONAL PROVISIONS 13

ments shall be made as may be prescribed by law. No person
shall ever be appointed a member of the General Assembly, but
vacancies therein may be filled at a special election, in such
manner as may be provided by law. (See Secs. 1521, 3758, Ky.
Stat.)

NOTE.—Where a vacancy occurs in any office and there is no provision
of law for filling same, such vacancy shall be filled by appointment by
the Governor, subject to the provisions of the Constitution applicable
thereto. See section 3758 of the Kentucky Statutes.

Sec. 59, Ky. Const. Local and Special Legislation; Lim-
itations upon—The General Assembly shall not pass local or
special acts concerning any of the following subjects, or for
any of the following purposes, namely: Subsec. 25. Common
Schools—To provide for the management of common schools.

DECISION.———Local or special legislation applies exclusively to special
or particular places, or special or particular persons, and is distinguished

from the statute intended to be general in its operation and thialt relating
to classes of persons or subjects. Stone v. Wilson, 102 Ky. 423, 43 S. W.

397.

Sec. 165, Ky. Const. Incompatible Offices; State—No
person shall, at the same time, be a state officer or a deputy
officer, or member of the General Assembly, and an officer of
any county, city, town or other municipality, or an employee
thereof; and no person shall, at the same time, fill two municipal
offices, either in the same or different municipalities, except
as may be otherwise provided in this Constitution; but a Notary
Public, or an officer of the militia, shall not be ineligible to
hold any other office mentioned in this section.

See. 237, Ky. Const. Incompatible Offices; Federal—No
member of Congress, or person holding or exercising an office
of trust or profit under the United States, or any of them, or
under any foreign power, shall be eligible to hold or exercise
any office of trust or profit under this Constitution, or the laws
made in pursuance thereof.

Sec. 180, Ky. Const. Purpose of Levy to be Stated—The
General Assembly may authorize the counties, cities or towns to
levy a poll tax not exceeding one dollar and fifty cents per
head. Every act enacted by the General Assembly, and every
ordinance and resolution passed by any county, city, town or
municipal board or local legislative body levying a tax shall
specify distinctly the purpose for which said tax is levied, and no
tax levied and collected for one purpose shall ever be devoted
to another purpose.

 

  

 

  

Chapter II.

GENERAL PROVISIONS.

Sec. 4363—1, Ky. Stat. Uniform System of Common
Schools—There shall be maintained throughout the Common—
wealth of Kentucky a uniform system of common schools in ac—
cdrdance with the Constitution of the Commonwealth and the
school laws. (1934, c. 65, p. 204.)

Sec. 4363—2, Ky. Stat. Common School Defined; Who May
Attend—A “common school” shall be interpreted as meaning
an elementary and/or secondary school of the Commonwealth
supported in whole or in part by public taxation. No school
shall be deemed a “common school” as defined in this act or
receive support from public taxation unless such school be taught
by a qualified teacher or teachers for a term of seven or more
months during the school year and at which every child residing
in the district, between the ages of six and eighteen years, has
had the privilege of attending, whether contributing towards
defraying the expense or not; providing that nothing herein
shall prevent any person over eighteen years of age from attend-
ing the common schools of the district in which he resides, and
that said person shall not be required to contribute towards
defraying the expenses or pay tuition fees; provided further
that a board of education may, in its discretion, make a reason-
able tuition charge of those persons who have completed a
course of study or curriculum of the highest level in the school
or schools maintained by the board. (1984, c. 65, p. 204.)

DECISIONS—Common schools are schools actually taught by teachers
qualified according to law to teach in districts laid out by authority of the
school law and under the control of the trustees elected under those laws.
Collins v. Henderson, 11 Bush 74

Teaching of higher branches of learning in common school is not a vio-
lation of common school law. Newman v. Thompson, 9 R. 199.

Sec. 4363-3, Ky. Stat. School Year—The school year shall
begin on the first day of. July and end on the thirtieth day of
June. (1984, c. 65, p. 205.)

Sec. 4363-4, Ky. Stat. Six-Year-Old Child May Enter
School.—Any child who is six years of age or who will become

 

  

 GENERAL PROVISIONS 15

six years of age on or before September 30 shall have the priv-
ilege of entering the school at the beginning of the session. Any
board of education which operates its school or schools on the
semi-annual promotion basis shall, at the opening of the second
Session, admit beginning students who will become six years
of age on or before February 28. (1934, c. 65, p.205.)

Sec. 4363-5, Ky. Stat. Pupils May Attend High Schools
Free of Tuition; Promotion and Classification—Whenever a
pupil in any public elementary school or any approved private
or parochial school shall have completed the prescribed elemen-
tary course of study he shall be entitled to a certificate of such
completion signed by the teacher or teachers under whom the
course has been completed, and said certificate shall entitle the
pupil to admission into any public high school free of tuition
except as hereinafter provided.

Any promotions or credits earned in attendance in any
approved public school shall be valid in any other public school
to which a pupil may go provided that the superintendent or
principal of a school, as the case may be, shall have the authority
to assign pupils to the class or grade to which the pupil is best
suited; provided further, that such assignment shall not be
made in case a pupil transfers from the school of one district to
the school of another district until after the pupil has demon-
strated that he is not suited for the work in the grade or course
to Which he has been promoted. (1984, c. 65, p. 205.)

Sec. 4363-6, Ky. Stat. School Month and School Day De-
fined—Twenty school dayS, or days in which teachers are
actually employed in the schoolroom, shall constitute a school
month in the common schools of the Commonwealth, including
such legal holidays as the State Board of Education may declare
to be observed; but no teacher shall teach on Saturdays except
in cases of emergencies and then only upon authorization of the
State Board of Education. Six hours of actual school work shall
constitute a school day; and under no circumstances shall the
daily session, including recesses and intermissions, exceed nine
hours in length. (1934, c. 65, p. 206.)

Sec. 4363-7, Ky. Stat. Bible to be Read—The teacher in
Charge shall read or cause to be read a portion of the Bible daily

 

  

 

    

     

16 KENTUCKY SCHOOL LAWS 1934
in every classroom or session room of the common schools of the
Commonwealth in the presence of pupils therein assembled, and
no child shall be required to read the Bible against the wish of
his parents or guardian. The failure of any teacher to conform
to this act shall be cause for revocation of his certificate in the
manner provided by law. (1934, c. 65, p. 206.)

DECISION.—The Bible is not a sectarian book and the reading thereof
without comment does not constitute sectarian instruction. Hackett v.
Brooksville, Trustee, 120 Ky. 608.

Sec. 4363-8, Ky. Stat. White and Colored Not to be
Taught in Same School; Penalty—It shall be unlawful for any
person, corporation, or association of persons to maintain or
operate any college, school, or institution where persons of White
and negro races are both received as pupils for instruction; and
any person or corporation who shall operate or maintain any
such college, school, or institution shall be fined one thousand
dollars ($1,000) and any person or corporation who may be
convicted of violating the provisions of this act shall be fined
one hundred dollars ($100) for each day they may operate
such school, college, or institution after such conviction. Any
instructor who shall teach in any school, college, or institution
where members of said two races are received as pupils for
instruction shall be guilty of operating and maintaining same
and fined as herein provided.

It shall be unlawful for any white person to attend any
school or institution where negroes are received as pupils or
receive instruction, and it shall be unlawful for any negro
or colored person to attend any school or institution where
white persons are received as pupils or receive instruction. Any
person so offending shall be fined fifty dollars ($50) for each
day he attends such an institution or school; provided, the
provisions of this law shall not apply to any penal institution or
house of reform. (1934, c. 65, p. 206.)

DECISIONS—So much of this section as prohibits the operation by
any institution of learning of separate and distinct branches for White
and colored persons less than twenty-five miles distant from each other,
is unreasonable and void as not being within the police power of’ the state.
Berea College v. Com., 123 Ky. 209.

Although the Constitution requires the general assembly to maintain
separate schools for white and colored children, it does not require a
separate system of education for each. Prowse v. Board of Education of
Christian County, 134 Ky. 365

 GENERAL PROVISIONS 17

Sec. 4363—9, Ky. Stat. Pupils to Comply With Rules of .
School; Suspension or Expulsion for Non-Compliance.—All
pupils who may be admitted to the common schools shall comply
with the regulations in pursuance of law for the government of
such schools. Willful disobedience or defiance of the authority
of the teachers, habitual profanity or vulgarity, or other gross
violation of propriety or law shall constitute good cause for sus-
pension or expulsion from school. The superintendent, prin-
cipal or head teacher of any school may suspend a pupil for
such misconduct provided that in case of suspension by the
principal or head teacher, such, action shall be reported in
writing immediately to the superintendent. The board of educa-
tion of any school district may expel any pupil for misconduct
as defined herein, but such action shall not be taken until after
the parent or guardian or other person having legal custody
or control of the pupil has had an opportunity to have a hear-
ing before the board of education. The decision of the board of
education shall be final. (1934, c. 65, p. 207.)

DECISIONS—In Cross v. Trustees, 129 Ky. 35, it was held that a
pupil’s conduct in refusing to take part in a, dialogue in the annual com—
mencement exercises constituted insubordination and was good cause for
suspensron.

Trustees of a graded school district have no right to arbitrarily expel
a pupil from a school which he has attended, nor to arbitrarily refuse him

the privilege of attending the school in the future. Cross v. Trustees,
129 Ky. 35.

Pupil may be expelled for violation of rules of school, and courts will
not'interfere with or control action of trustee unless it was arbitrary or
malicious. Board of Education v. Booth, 110 Ky. 807, 62 S. W. 872.

Sec. 4363-10, Ky. Stat. Gift, Donation, or Devise to School
Fund—The State Board of Education is authorized to accept
any gift, donation, or devise to the schools under its supervision
0r control and to provide for the administration of such gift,
donation, or devise. (1934, c. 65, p. 208.)

Sec. 4363-11, Ky. Stat. Sectarian,