xt715d8ngf47 https://exploreuk.uky.edu/dips/xt715d8ngf47/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1942-09 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 1942", vol. X, no. 7, September 1942 text 
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws 1942", vol. X, no. 7, September 1942 1942 1942-09 2022 true xt715d8ngf47 section xt715d8ngf47  

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0 Commonwealth of Kentucky .0

EDUCATIONAL BULLETIN

 

 

 

 

I

KENTUCKY
COMMON SCHOOL LAWS
5 1942

 

Published by

x ' DEPARTMENT OF EDUCATION

JOHN W. BROOKER
Superintendent of Public Instruction

 

 

 

ISSUED MONTHLY

Entered as second-class matter March 21, 1933, at the post office at
Frankfort, Kentucky, under the Act of August 24, 1912.

Vol. X September, 1942 . No. 7

 

     
 
 
 

  
 

KENTUCKY
COMMON SCHOOL
LAWS

 

 

1942

 

 

  

With Abstracts from the Decisions of the Court V
of Appeals to and including- Vol. 291, p. 231 g,

   

Published by Order of
the State Board of Education

    

STATE BOARD OF EDUCATION

 

 

 

 

  

F O R EVVO RD

This volume of school laws has been prepared in compliance
with Section 156.240, Kentucky Revised Statutes, which imposes
upon the Superintendent of Public Instruction the duty of preparing
for publication by the State Board of Education the school laws of
the Commonwealth.

This compilation of statutes and the annotations of court
decisions were prepared by Gordie Young, Assistant Superintendent
of Public Instruction. It includes school laws of the Commonwealth,
including the Acts of the General Assembly of 1942. The annotated
decisions of the Court of Appeals have been arranged immediately
following sections which they interpret. . Some of these decisions
may not apply to the specific section which they follow because of
the fact that the whole of the Kentucky Statutes was revised at the
1942 session of the Legislati'n'e. They are so applicable, in whole or
in part, as to furnish valuable information in the proper interpreta-
tion of the specific section.

By referring to the tops of the pages, one may determine what
sections of law are included on the two pages.

This volume is the property of the Commonwealth of Ken-
tucky and is published as a handbook to aid school. officials as well
as others interested in school matters.

J. XV. BROOKER,
Superintendent of Public Instruction

 

 

 

 

  

 

 

 

 

  

 

   

 

ance
IOSQS
ring
’5 of ! TABLE OF CONTENTS
1
t
ourt l
:1th \ Chapter Page
11th; I Constitutional Provisions .................................................... 659
lied II General Provisions ................................................................ 669
telv III Department of Education .................................................... 703
- I IV State Support of Education _________________________________ 719
10115
f V Conduct of Schools ________________________________________________________________ 728
B 0 VI Compulsory Attendance . 737
the VII School Districts .................................................................. 747
e 01’ VIII School Employes, Teachers’ Retirement and Tenure 789
eta~ IX School Property and Buildings ____________________________________________ 822
’ X Vocational Education and Rehabilitation ____________ .. 844
XI State Universities and Colleges ........................................ 847
Mt XII City Universities and Colleges ____________________________________________ 863
XIII Higher Education for Negroes ............................................ 871
, XIV Education of the Deaf, Dumb and Blind ........................ 876
ten-
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CHAPTER I
KENTUCKY CONSTITUTIONAL PROVISIONS

Sec. 5 Freedom of Conscience; Church and State; Education.

Sec. 55 Law; When to Take Effect; Emergency Clause.

Sec. 59 Local and Special Legislation; Limitations Upon. _

Sec. 91 Treasurer; Auditor; Register; Commissioner of Agriculture;
Secretary of State; Attorney General; Superinendent of
Public Instruction. .

Sec. 93 Officers Ineligible for Succeeding Term; Duties; Inferlor
Officers.

Sec. 95 Time of Election.

Sec. 96 Payment of Salaries.

Sec. 152 Vacancies in Office; How Filled.

Sec. 155 Sections 145 to 154 Do Not Apply to Election of School Trustees.

Sec. 157 Tax Rate; Indebtedness; Submission of Question to Voters.

Sec. 158 Indebtedness; Limit of Allowed; Issual of Bonds.

Sec. 165 Incompatible Offices; State.

Sec. 169 Fiscal Year.

Sec. 179 School District Not to Lend Credit or Become Stockholder in
Corporation.

Sec. 180 Purpose of Levy to be Stated.

Sec. 184 FundCSfit Apart for Common Schools; Taxation for A. & M.

o ege.

Sec. 185 Common School Funds; Investment; Interest on.

Sec. 186 Distribution of School Fund.

Sec. 187 Each Race to Share Fund Equally; Separate Schools.

Sec. 188 School Fund; Money Received from United States, Part of.

Sec. 189 Appropriation for Sectarian Purposes Forbidden.

Sec. 228 Oath of Office.

Sec. 237 Incompatible Officers; Federal.

Sec. 5, Ky. Const. Freedom of Conscience; Church and State;
Education—No preference shall ever be given by law to any reli-
gious sect, society or denomination; nor to any particular creed,
mode of worship or system of ecclesiastical polity; nor shall any per-
son be compelled to attend any place of worship, 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 com-
pelled to send his child to any school to which he may be conscien—
tiously opposed; and the civil rights, privileges or capacities of no
person shall be taken away, or in any Wise diminished 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. 55, Ky. Const. Law; When to Take Effect; Emergency
Clause—No act, except general appropriation bills, shall become a
law until ninety days after the adjournment of the session at Which
It was passed, except in cases of emergency, when, by the concur-

659

 

 

 

 

 

 

  

 
 
 
 
  
   
  
  
 
 
 
 
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
   

Sec. 59 Kentucky Constitutional Provisions

rence of a majority of the members elected to each House of the
General Assembly, by a yea and nay vote entered upon their
journals an act may become a law when approved by the Governor;
but the reasons for the emergency that justifies this action must be
set out at length in the journal of each House.

F'icke, et al. v. Board of Trustees of Erlanger Consolidated Graded School
District, 262 Ky. 312. School districts have liens on personal property. If Governor
neither approves nor disapproves act with emergency clause it becomes effective
when returned to Secretary of States's Office.

Emergency statute declaring inadequacy of existing remedies and intention
to pr0v1de additional remedies for collecting school taxes held intended to apply
retroactively. (Jan. 24, 1936.)

See. 59, Ky. Const. Local and Special Legislation; Limitations
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:

(25) To provide for the management of common schools.

Stone v. Wilson, 102 Ky. 423, 43 S. W. 397. Local or special legislation
applies exclusively to special or particular places, or special or particular per-
sons, and is distinguished from the statute intended to be general in its opera-
tion and that relating to classes of persons or subjects.

Sec. 91, Ky. Const. Treasurer; Auditor; Register; Commis-
sioner of Agriculture; Secretary of State; Attorney General; Super-
intendent of Public Instruction—«A treasurer, auditor of public
accounts, register of the land office, commissioner of agriculture,
labor and statistics, secretary of state, attorney-general and super-
intendent 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 ofi’icers named in this section
shall enter upon the discharge of their duties the first Monday 1_11
January after their election, and shall hold their offices until then‘
successors are elected and qualified.

Sec. 93, Ky. Gonst. Officers Ineligible for Succeeding Term;
Duties; Inferior Officers—The treasurer, auditor of public accounts,
secretary of state, commissioner of agriculture, labor and statistlcsz
attorney-general, superintendent of public instruction, and ref—Elsi“
of the land office shall be ineligible to re-election for the succeeding

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Kentucky Constitutional Provisions Sec. 152

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. l‘nferior 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. 95, Ky. Const. Time of Election—The election under this
Constitution for Governor, Lieutenant Governor, Treasurer, Auditor
of Public Accounts, Register of the Land Office, Attorney—General,
Secretary of State, Superintcinlcnt of Public Instruction, and Com-
missioner of Agriculture, Labor and Statistics, shall be held on the
first Tuesday after the first Monday in November, eighteen hundred
and ninety—five, and the same day every four years thereafter.

Sec. 96, Ky. Gonst. Payment of salaries. All officers men-
tioned in section ninety—five shall be paid for their services by
salary, and not otherwise.

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 succeeding 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 succeed-
ing annual election at which either city, town, county, district or
state officers are to be elected, and if three months intervene before
said succeeding annual election at which either city, town, county,
district or state officers are to be elected, the ofiice 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, district 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 ofiicers 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 appointments shall be made as may be prescribed by law.

661

 

 

 

 

 

  

 

 

 

 

 

 

 

Sec. 155 Kentucky Constitutional Provisions

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. ICES. 446.010:
61.020, 63.190.

Sec. 155, Ky. Const. Sections 145 to 154 Do Not Apply to Elec-
tion of School Trustees—The provisions of sections one hundred and
forty-five to one hundred and fifty-four, inclusive, shall not apply to
the election of school trustees and other common school district
elections. Said elections shall be regulated by the General
Assembly, except as otherwise provided in this Constitution.

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 towns or cities having a
population of fifteen thousand or more, one dollar and fifty cents
($1.50) on the hundred dollars ($100.00); for all towns or cities
having less than fifteen thousand and not less than ten thousand,
one dollar on the hundred 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 (50c) on the hundred dollars; unless it should be neces-
sary 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.
N0 county, city, town, taxing district, or other municipality shall be
authorized or permitted to become indebted in any manner 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 to be held for that purpose;
and any indebtedness contracted in violation of this section shall
be void. Nor shall such contract be enforceable by the person with
Whom made; nor shall such municipality ever be authorized to
assume the same.

_Rowan County Board of Education v. Citi_zens Bank, et al., 279‘KY- 433:
This suit tests the validlty of a proposed bond issue of the county b02115 Of 29,500

cation. Judgment of the lower court affirmed and the issue of bonds of $6
is thereby approved. (June 23, 1939.)

Citizens’ Bank v. Rowan County Board of Education, 274 Ky. 481. maggot:
issued over a period of six years for governmental expenses of board of e 131d be
and which did not exceed, with prior indebtedness, the revenue that coissued
lawfully anticipated for the particular year, were valid obligations Wheridless 0'
and hence a note by which warrants were taken up was valld regal. which
whether amount of note exceeded the anticipated revenue for the Veal in
note was executed. (June 24, 1938.)

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Kentucky Constitutional Provisions Sec. 158

Abbott, et al. v. Oidham County Board of Education, 272 Ky. 654. If out-
standing indebtedness wlien created did not exceed antimpatedrevenue as shown
by budget and money was expended .for lawful purposes, funding bonds may be
issued and proceeds applied to reduction of said indebtedness. (May 5, 1938.)

Scott County Board of Education v. McMiilen, 270 Ky. 483.. The plan of the
county board of education providing for conveyance to holding corporation prop-
erties which were to be jointly mortgaged to secure payment of bonds, was not
invalid because all properties were jointly subject to lien for payment of bonds
or because provision for refunding of any taxes paid by bondholders if annual
payment was within board’s unencumbered annual income. (Nov. 5. 1937.)

Bales v. Holt, County School superintendent, et al., 270 Ky. 272. County
board of education should assume indebtedness of the independent district which
becomes part of the county district. (Oct. 22, 1937.)

Fiscal Court of Jackson County, et al. v. Board of Education of Jackson
County, 269 Ky. 258. Board of Education authorized to convey school site to
fiscal court for purpose of issuing bonds to finance construction of school building.
(June 15, 1937.)

Fiscal Court of Jackson County, et al. v. Board of Education of Jackson
County, 268 Ky. 336. This contract to lease a building prov1des for continuance
from year to year and is illegal. It could be remedled by making lease for one
year.
Meade v. Board of Education of Johnson County, at al.‘, 268 Ky. 71.. Board
of education has legal authority to issue bonds to refund validly created indebted-
ness.

Lee v. Board of Education of Bell County, 261 Ky. 379. Debt which arose
from unexpected decrease in value of property of county school district held a
valid obligation as regards validity of bonds authorized to fund such obligations.
(Nov. 19, 1935.)

Davis v. Board of Education of City of Newport, et al._, 260 Ky. 294. Thirty.-
year lease of school building to board on condition of paying $15,000 a. year until
all rentals paid on condition that building would be conveyed to boardheld uncon-
stitutional. Lease of building to board by city for annual rental which does not
exceed budget for year constitutional. (May 31, 1935.)

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 Rees and Dietzman. The county board ofcducation being
purely an administrative body and without tax levying authority, 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. (June 20, 1930.)

Hogan v. Lee Fiscal Court, et al., 235 Ky. 100. Amount of indebtedness
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. (June 20, 1930.)

. Billings v. Bankers Bond 00., 199 Ky. 490, 251 S. W. 643. 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.

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

Handers v. Board of Trustees of Little Rock Graded School, 170 Ky. 627,
186 S. W. 506. If a municipality creates a debt greater than the income and
revenue fonsuch year without the assent of the voters, the same is in violation
2f Stglgsseétign, although the amount is divided in equal installments, payable in

ears. '

Sec. 158, Ky. Const. Indebtedness; Limit of Allowed; Issual of
Bonds—The respective cities, towns, counties, taxing districts, and
municipalities shall not be authorized or permitted to incur
indebetedness to an amount, including existing indebtedness, in
the aggregate exceeding the following named maximum percentage
011 the value of the taxable proprty therein, to be estimated by the
assessment next before the last assessment previous to the incurring
of the indebtedness, viz.: Cities of the first and second classes, and
0f the third class having a population exceeding fifteen thousand,

663

 

 

 

 

  

 

 

 

 

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Sec. 165 Kentucky Constitutional Provisions

ten per centum; cities of the third class having a population of less
than fifteen thousand, and cities and towns of the fourth class, the
per centum; cities and towns of the fifth and sixth classes, three
per centum; and counties, taxing districts and other municipalities
two per centum: Provided, Any city, town, county, taxing district
or other municipality may contract an indebtedness in excess of
such limitations when the same has been authorized under laws in
force prior to the adoption of this Constitution, or when necessary
for the completion of and payment for a public improvement under-
taken and not completed and paid for at the time of the adoption
of this Constitution: And provided further, If, at the time of the
adoption of this Constitution, the aggregate indebtedness, bonded
or floating, of any city, town, county, taxing district, or other
municipality, including that which it has been or may be authorized
to contract as herein provided, shall exceed the limit herein pre-
scribed, then no such city or town shall be authorized or permitted
to increase its indebtedness in an amount exceeding two per centum,
and no such county, taxing district or other municipality, in an
amount exceeding one per centum, in the aggregate upon the value
of the taxable property therein, to be ascertained as herein
provided, until the aggregate of its indebtedness shall have been
reduced below the limit herein fixed, and thereafter it shall not
exceed the limit, unless in case of emergency, the public health or
safety should so require. Nothing herein shall prevent the issue of
renewal bonds, or bonds to fund the floating indebtedness of any
city, town, county, taxing district or other municipality.

Whitworth v. Breckinridge County Board of Education, 276 K.y.. 346. Board
of Education may refund 3. funded legal debt and add to the orlgmal débt the
accumulated interest which it has been unable to Day because of lack of income
therefor. (Jan. 17, 1939,)

Arrowood v. Board of Education of Paintsville Graded School Distrlcf; 271 Ktyd
812. The board of education is limited in its annual spending to'lts budgee
revenue. The board has the burden of establishing the validity of Indebtedness;i
A proposed issue of school bonds to fund an alleged indebtedness will be apprtilveol
so far as such‘consisted of a final judgment in a bona fide smt against the sc 0
board. (March 24, 1938.)

Runyon v. Simpson Mayor 6’: al. 270 Ky. 646, The lapse oteight years
between election authorizing bond sale and proposed issue of same did invalidate
them if indebtedness is legal. (Nov. 16, 1937.)

Sec. 165, Ky. Gonst. Incompatible Ofi'ices; State—No person
shall, at the same time, be a state officer or a deputy officel':_01'
member of the General Assembly, and an officer of any county, ell)",
town or other municipality, or an employee thereof; and no person
shall, at the same time, fill two municipal offices, either in the senile
or different municipalities, except as may be otherwise prov1ded111
this Constitution; but a Notary Public, or an officer of the millta;

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Kentucky Constitutional Provisions Sec. 183

shall not be ineligible to hold any other office mentioned in this

section.

Knuckles v. Board of Education of Bell County, 272 Ky. 436. Position of super-
intendent or assistant superintendent is incompatible With that of teacher in the

public schools. (April 21, 1938.)

Polley v. Fortenberry, et al., 268 Ky. 369. Constitution nor statutes prohibit
holding two state offices or employment at same tune.‘ Oifice of member of
county board of education is not incompatible With maintenance supervisor of

roads. (May 4, 1937.)

Board of Trustees of Fairview Graded Common School District, .et al. v.
Renfro, 259, 644. Principal of a school a state employee and not disqualified to be
employed by trustees even though he was a member of the General Assembly.

(May 28, 1935.)

Sec. 169, Ky. Const. Fiscal Year.—The fiscal year shall com-
mence 011 the first day of July of each year, unless otherwise
provided by law.

Sec. 179, Ky. Const. School District Not To Lend Credit 0r
Become Stockholder in Corporation—The General Assembly shall
not authorize any county or subdivision thereof, city, town, or
incorporated district, to become a stockholder in any company,
association or corporation, or to obtain or appropriate money for,
or to loan its credit to, any corporation, association or individual,
except for the purpose of constructing or maintaining bridges, turn-
pike roads, or gravel roads: Provided, if any municipal corporation
shall offer to the Commonwealth any property or money for locating
or building, a Capitol, and the Commonwealth accepts such offer,
the corporation may comply with the offer.

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.

City of Ashland, et al. v. Board of Education of City of Ashland, 286 Ky. 69.
Where board of education issued school bonds in excess of amount found neces-
sary, application of surplus fund to payment of principal and interest is not
ggohilgitled by Constitutional provision against diversion of tax funds. (March

Sec. 183, Ky. Gonst. Common Schools to be Provided for—The
General Assembly shall, by appropriate legislation, provide for an
efficient system of common schools throughout the state. (See Sec.
158.010 KRS.)

Board of Education of Galloway County et al. v. Talbott, Audito of P bl'
Accounts, 261 Ky. 66. Held unconstitutional, to pay equalization money Ito teacilieil‘cs:

because constitution required money for payment of teachers to be distributed on
census of puplls. (June 11, 1935.)

665

 

 

 

 

 

 

 

  

 

 

 

 

 

Sec. 184 Kentucky Constitutional Provisions

Sec. 184, Ky. Const. Fund Set Apart for Common Schools;
Taxation for A. & M. College—The bond of the Commonwealth
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 Commonwealth 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 Ken.
tucky, held by the board of education, and its proceeds shall be held
inviolate for the purpose of sustaining the system of common
schools. The interest and dividends of said funds, together with
any sum which may be produced by taxation or otherwise for
purposes of common school education, shall be appropriated to the
common schools and to no other purpose. No sum shall be raised or
collected 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 imposedfor educational purposes,
and for the endowment and maintenance of the Agricultural
and Mechanical College, shall remain until changed by law.
and Mechanical College, shall remain until changed by law. (See
Sec. 157.010 KRS.) '

Schuerman, et al. v. state Board of Education, et al., 284 Ky. 556. Boards
otheducatmn are authorized to pay out of public school funds annual member-
ship dues in the Kentucky Association of School Board Members. (May 10, 1940.)

Pollitt v. Lewis, et al., 269 Ky. 680. State Constitution does not permit
statute authorizing boards of education to establish junior colleges and reqlnre
councfl to levy tax to pay for its operation. (June 25, 1937.)

Larue v. Redman, 168 Ky. 487, 182 S. W. 622. Legislature may providea
tax for common school purposes without submitting the question to legal voters.

Louisville Banking 00. v. com., 142 Ky. 690; Com. v. Thomas, 14 Ky. 789.
131 S. W. 797. 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.

City of Newport, ex parte, 141 Ky. 329, 132 S. W. 580. It was held that the
indebtedness of the board of education in a city of the second class is not a Dora
tion of the indebtedness of the city, since the bonded indebtedness lS secure
by a lien upon the school property.

Brown v. Board of Education 22 R. 483 108 Ky. 783' Board of Education v.
Lee, 153 Ky. 661, 156 s. w. 375. ’Trustees h'ave no power'to levy a taxtgr $511513;
purposes exceeding in one year the income provxded for such year Wit ou
assent of two-thirds of the voters.

Sec. 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 subject to sale and reinvest-
ment, from time to time, in like manner, and with the same restrlc-

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Kentucky Constitutional Provisions Sec. 189

tions, as provided with reference to the sale of the said stock in the
Bank of Kentucky. (Soc Sec. KJLS. 157.010.)
Sec. 186, Ky. Const. Distribution of school fund—All funds

accruing to the school fund shall be used for the maintenance of the
public schools of the Commonwealth, and for no other purpose, and
the General Assembly shall by general law prescribe the manner of
the distribution and use of the public school fund for public school
purposes. Provided that each school district in the Commonwealth
shall receive on a census pupil basis its proportionate part of at
least ninety per cent of any fund accruing to the school fund. The
remainder of any fund accruing to the school fund may be
distributed upon other than. a census pupil basis.

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

Superintendent of Public instruction v. Auditor, 97 Ky. 180, 30 S. W. 404.
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.

Auditor v. Holland, 14 Bush 147. The General Assembly cannot abdicate

its control over the school fund and abandon it to the county courts.

Board of Trustees v. Thomas, 12 R. 832, 15 S. w. 67; Newman v. Thomp-
son, 9 R. , . W. 341. An appropriation of the fund for teaching the

higher branches in common schools is valid.

Sec. 187, Ky. Const. Each Race to Share Fund Equally;
Separate Schools—In distributing the school fund no distinction
shall be made on account of race 01‘ color, and separate schools for
white and colored children shall be maintained.

Board of Education of Calloway County, at al. v. Talbott, Auditor of Public
Accounts, 261 .Ky._ 66. Held unconstitutional to pay equalization money to teachers
because constitutlon required money for payment of teachers to be distributed
on census of pupils. (June 11, 1935.)

City of Pineville v. Moore, 190 Ky. 357, 227 S. W. 477. This section does not
forbid a tax upon the property of white citizens for the support of colored schools.

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